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When pay ment may be made to treasurer of state.

Governor to make deed upon certifi

cate of auditor of state.

bly, passed March 22, 1860, entitled "an act to abolish the office of agent to superintend the sale of the lands belonging to the Scioto Salt Reserve, in Jackson county, and for other purposes, "the said office of agent, in Jackson county, was abolished, without making provision for issuing the certificates authorized by said section ten of the act of February 7, 1826, to purchasers of said lands who had not received the same; now, therefore,

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SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where purchasers of any of said Scioto Salt Reserve lands have not made full payment, and obtained final certificates as provided in said section ten, before the abolition of the office of the agent aforesaid, it shall be lawful for such purcha ers, their heirs or assigns, to make such payment to the treasurer of state, who shall give a receipt therefor.

SEC. 2. Whenever the auditor of state shall be satisfied, from the books and papers in his office, or from the report of the commissioner appointed under said act of March 22, 1850, in pursuance thereof, or from the certificate of such commissioner, of facts evidenced by the books and papers in his hands, or that such full payment has been made to him prior to the passage of this act, or from the receipt of the treasurer of state, or other competent evidence, that full payment of the purchase money for any of said Scioto Salt Reserve lands has been made by the purchasers thereof respectively, or their heirs or assigns respectively, he shall make and deliver to such purchasers respectively, or their heirs or assigns respectively, a certificate showing that such payment has been made; and on presentation of any such certificate to the governor, he shall execute and deliver to the proper holder thereof a deed for the tract or tracts so paid for as aforesaid, the said deed to be executed under the same formalities, and to have the same effect as is provided in said section ten of the act of February 7, A. D. 1826.

ED. A. PARROTT, Speaker pro tem. of the House of Representatives. JAMES MONROE,

President pro. tem, of the Senate.

Passed March 14, 1861.

AN ACT

Defining the jurisdiction of the probate courts of Shelby and Geauga counties in criminal cases.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio. That the provisions of an act entitled "an act defining the jurisdiction of probate courts in criminal cases, in the counties of Pike, Portage, Jackson, Clermont, Carroll, Gallia, Butler, Lucas, Hocking, Defiance, Brown, Lorain, Coshocton, and Columbiana," passed April 4, 1859, and the acts amendatory thereto, be and the same are hereby extended to the counties of Shelby and Geauga. SEC 2. This act shall be in force from and after its passage. ED. A. PARROTT, Speaker pro tem. of the House of Representatives.

JAMES MONROE, President pro tem. of the Senate.

Passed March 15, 1861.

AN ACT

To enable the people of the townships of Miami and Bath, in Greene county, to make the Yellow Springs and Fairfield turnpike road a free road.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever a majority of the legal voters in the townships of Miami and Bath, in Greene county, or a majority of the taxpayers in said townships, shall make known to the county commis. sioners of Greene county their consent, that the sum of twenty five hundred dollars shall be collected, by taxation upon the taxable property within said townships, for the purpose of making the Yellow Springs and Fairfield turnpike road a free turnpike road, and the directors of said turnpike road shall give their assent to surrender said road to the public use as a free road, for the sum herein provided to be raised by taxation, it shall be the duty of said county commissioners to levy a special tax equally upon all the property in said townships of Miami and Bath, at such rate as shall produce a sum not exceeding twenty-five hundred dollars, and as near that sum as practicable, which sum shall be collected by the county treasurer, at the same time and in the same manner as taxes for state and county purposes are collected; and when so collected, the same shall be paid over, by the order of said county commissioners, to the directors of said turnpike road, and thereupon they shall declare said turnpike road to be a free public highway. SEC. 2. This act shall take effect from and after its passage. ED. A. PARROTT, Speaker pro tem. of the House of Representatives.

JAMES MONROE,
President pro tem. of the Senate.

Passed March 16, 1861.

AN ACT

To provide for the collection of certain taxes therein specified.

SECTION 1. Be it enacted by the General Assembly of the State of Railroad taxesOhio, That the taxes for railroad purposes authorized by law to be lev- within speciied by the commissioners of Guernsey county upon the property within fied limits. that portion of Noble county which formerly belonged to Guernsey, with such of said taxes as now remain uncollected upon the tax duplicate of said Guernsey county, shall be certified by the auditor of Guernsey county to the auditor of Noble county, and by him placed upon the tax duplicates of the proper townships, and the same shall be collected by the treasurer of Noble county at the same time and in the same manner that state and county taxes are now collected, and by the treasurer of Noble county paid over to the treasurer of Guernsey county, immediately after his semi-annual settlement with the county auditor.

SEO. 2. The auditor and treasurer of Noble county shall be en- Fees, etc. titled to the same compensation under this act that they receive for like duties, and shall be liable to the same penalties as are fixed by

law in the collection and disbursement of state and county taxes, said
fees to be paid out of the taxes herein mentioned.

SEC 3. This act to take effect and be in force from its passage.
ED. A. PARROTT,

Speaker pro tem. of the House of Representatives.

JAMES MONROE,

President pro tem. of the Senate.

Passed March 19, 1861.

Claim to be verified by affidavit.

AN ACT

Regulating the presentation of claims against the state.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That upon any claim being presented against the state, for work and labor performed, or materials furnished, when no specific provision has been made by law or contract, fixing the value thereof, before payment, the party to whom such claim may be due, or his agent, shall produce satisfactory vouchers in support thereof, and verify the same by affidavit, showing that such claim is justly due, that no payments have been made thereon, that there are no offsets against the same, and that the sum or sums claimed are no more than the actual value of the labor performed, or materials furnished. SEC. 2. This act shall take effect and be in force from and after its passage.

ED. A. PARROTT,

Speaker pro tem. of the House of Representatives.
JAMES MONROE,

President pro tem. of the Senate.

Passed March 20, 1861.

Inventory of

assets and liabilities.

Same.

AN ACT

Regulating the duties of surviving partners.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any person in the state of Ohio shall die, who, at the time of his death, was a member of any partnership in the state of Ohio, it shall be the duty of the surviving partner or partners, within thirty days from the death of such deceased partner, to make application to the probate judge of the county in which said partnership shall have existed, and upon first giving notice to the administrator or executor of such deceased partner of such application, for the appointment of three appraisers, whose duty it shall be to make out, under oath, a full and complete inventory and appraisement of the entire assets and liabilities of such partnership, and forthwith deliver the same to the said probate judge, to be by him filed, but not recorded in his office.

SEC. 2. That if the said surviving partner or partners shall neglect or refuse to have an inventory and appraisement made of the partnership assets and liabilities, as provided for in the first section of this act, it shall be the duty of the administrator or executor of such deceased partner, to have said inventory and appraisement made, in accordance with the provisions of the first section of this act.

Src. 3. It shall be lawful for the surviving partner or part. ners, with the consent of the administrator or executor, and the approval of the probate court by which such administrator or executor may have been appointed or qualified, to take the assets of such partnership at the appraised value thereof, first deducting therefrom the debts and liabilities of such partnership, and upon his or their giving to the administrator or executor of such deceased partner his or their promissory note, with good and approved security for the payment of the interest of such deceased partner in said partnership assets in nine months from the time he or they shall so elect to tak said partnership assets: and, provided further, that said surviving partner or partners shall give bond and security to the administrator or executor of such deceased partner, for the payment of the debts and liabilities of such partnership.

SEC. 4. This act to take effect from and after its passage.
ED. A. PARROTT,
Speaker pro tem. of the House of Representatives.

JAMES MONROE,

President pro tem. of the Senate.

Surviving partner may elect to take assets.

Passed March 21, 1861.

AN ACT

Supplementary to an "act to provide for the creation and regulation of incor-
porated companies in the state of Ohio," passed May 1, 1852.
SECTION 1. Be it enacted by the General Assembly of the State of❤
Ohio, That from and after the passage of this act, it shall be lawful
for any number of active firemen, not less than ten, being members
of any regular fire company, or hose or hook and ladder
this state, to associate themselves together as a fireman's general
relief association, having for its principal object the relief of firemen
disabled while on duty, with the power also of donating as it may
deem proper under such rules as may be established, to poor, sick
firemen, and to the widows and orphans of deceased firemen.

company, in

Incorporation of firemen's general relief

associations.

SEO 2. That said active firemen, in number not less than ten, Same. shall first indicate their intention to form such association by signing their names to a paper declaring such to be their intention, and fixing therein a time and place for the election of officers and the taking of proper steps to perfect their organization as a body corporate under the provisions of this act.

SEC. 3. That said persons so signing said paper as aforesaid, in number not less than ten, may proceed, at the time and place des ignated, to select their corporate name, and to elect from their members a president, secretary, treasurer, and any number of their members, not less than three, to serve as trustees or directors, who shall hold their offices during the pleasure of the association.

SEC 4. That the secretary so appointed shall make out a true record of the proceedings of said meeting, incorporating therein the original paper provided for in section two of this act, and shall certify and deliver the same to the recorder of the county in which such meeting shall be held, together with the name by which such association shall desire to be known; and it shall be the duty of such county recorder, immediately upon the receipt of such certified state

Election of officers.

Certificate of incorporation

to be recorded by county recorder.

Election, pow. ers and duties

of directors.

ment, to record the same in a book of record to be kept by him, provided for that purpose by the commissioners of the county, for which record he may demand and receive the sum of ten cents per hundred words; and from and after such record being made, said persons and their successors, and their associated members, shall be invested with the powers, privileges and immunities incident to aggregate corporations, and a certified copy of the record herein authorized to be made by the county recorder shall be deemed and taken in all places and courts whatsoever in this state as evidence of the existence of such association or corporation.

SEO. 5. The trustees or directors who may be elected as provided for in section three, and their successors in office, whether three in number or any larger number, as may be ordered by said body corporate, elected in such manner as may be ordered, either by the members of said body corporate in its aggregate capacity, or by the active firemen of each fire, or hose, or hook and ladder company, being members in good and regular standing in said body corporate, holding separate elections and electing such number of directors or trustees as said body corporate may decide and order, shall have perpetual successsion by such name as may be designated, and by such name shall be legally capable of contracting, and of prosecuting and defending suits, and shall have capacity to acquire, hold, enjoy, dispose of and convey all property, real or personal, which it may acquire by purchase, contribution, donation, assessment upon its members, or otherwise, for the purpose of carrying out the intention of such body corporate; but it shall not acquire or hold property for any other purpose; and for the purpose of increasing its funds, it shall have the power of loaning its moneys upon bond and ⚫ mortgage, under such rules and regulations as may be prescribed, and at an annual interest not exceeding six per cent. per annum. General pow. SEC. 6. That such association or body corporate, when incorpo ers of incorpo- rated as herein provided for, shall have full power to make and establish such rules and by-laws for its government as it may deem best; to decide what officers it shall have, and to prescribe the times and manner of their elections; the trustees or directors to be elected, either by said corporation in its aggregate capacity, or by the members of each authorized fire company, hose or hook and ladder company, being members of said body corporate in good standing therein; to prescribe the powers and duties of its officers; to make all regulations for the relief of firemen disabled while on duty; to provide for such entrance fee for members, and such weekly, monthly or yearly assessment upon members as it may deem best; and to make such other rules, regulations and by-laws as may be necessary and expedient for the government and the management of its fiscal and other affairs, and to effect their respective objects.

ration.

Acceptance of this act by

in existence.

SEC. 7. That any association or body corporate of not less than ten members, being active firemen, now existing in any of the cities bodies already in this state, whether acting under any special act of incorporation or otherwise, and having for its object the relief of firemen disabled while on duty, may, by the vote of a majority of members present, Copy of such at any meeting called for the purpose of considering the ques ion, acceptance to accept the provisions of this act, and when so accepted and a certibe filed with fied copy of such acceptance shall be filed with the secretary of state, and another with the recorder of the county in which said association or body corporate shall exist, said association or body corporate shall cease to act under the provisions of any such special

secretary of state and county re

corder.

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