a person, intending to bring an action before a justice of the peace, is a non-resident of the township in which he intends to commence such action, the justice may, previous to his issuing process, or at any time before trial, require such person to give security for the costs of suit, which may be done by depositing a sum of money deemed by the justice to be sufficient to discharge the costs that may accrue in the action, or by giving an undertaking with surety approved by the justice, payable to the adverse party, for the payment of all costs that may accrue in the action. 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. Passed January 15, 1861. ROBERT C. KIRK, President of the Senate. Gen'l Assembly. Printing. AN ACT Making partial appropriations for the year 1861. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the following sums, in addition to former appropriations, be and the same are hereby appropriated out of any money in the treasury for general revenue purposes for the year 1861, to wit: For the per diem pay of the lieutenant governor, as president of the Senate, the payment of members of the general assembly, their clerks, assistant clerks, sergeants-at arms, and their assistants, and messengers, the sum of twenty-five thousand dollars; for the payment of printing for the state, and executive departments, and of the laws, journals, documents, reports, and other work ordered by the general assembly, in accordance with the laws of the state, ten Clerks, conthousand dollars; for the contingent fund of the treasurer of state, tingent funds, fifteen hundred dollars; for the current expenses of the Ohio penitentiary, ten thousand dollars; for the payment of guards at the Ohio penitentiary, five thousand dollars; for the payment of the clerk in the office of the state commissioner of common schools, two hundred and fifty dollars; for the payment of the clerks in the office of the comptroller of the treasury, four hundred dollars for the contingent expenses of the state librarian, one hundred dollars; for payment to discharged convicts, two hundred and fity dollars; for the payment of the c'erk of the attorney general, Atto. Genl's two hundred dollars; for the payment of the mileage of county treasurers in making their semi-annual settlements, the sum of eighteen hundred dollars; for the completion of the enlargement of Ohio penitentiary, as provided in the act to provide for the enlargement of the Ohio penitentiary, passed March 23, 1860, two thousand five hundred dollars. &c. Discharged convicts. clerk. Treas. mileage Penitentiary enlargement. RICHARD C. PARSONS, Speaker of the House of Representatives. Passed January 21, 1861. President of the Senat?. AN ACT To amend sections one and two of an act entitled "an act to provide or the Sw. & Cr. 339. surrender or transfer of turnpikes and plank roads," passed April 17, 1857. commissioners SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of an act entitled "an act to provide for the surrender or transfer of turnpikes and plank roads," passed April 17, 1857, be so amended as to read as follows: That any turnpike or Transfer of plank road company, having their road located or constructed, or road to county having the corporate right to construct any such road through or into any county or counties of this state, may, with the consent of three-fourths of the stockholders, and with the like consent of all of the commissioners of such county or counties, relinquish and transfer to the commissioners of any such county or counties the whole or any part of their said road, together with all rights and privileges appertaining thereto : provided, that any such transfer to the commissioners of any county shall be limited to the part of such road within the boundaries of such counties respectively: provided, that such transfer shall be without consideration, and that no tolls shall be collected on such road within such county or counties. SEC 2. That section two of the above recited act be amended so as Same. to read as follows: Section 2. Such transfer shall be evidenced by the execution of a written declaration signed by the president or other principal officer, and the secretary or other recording officer, and under the seal of said company, and shall take effect and have full force, on depositing with the auditor of the county within which said relinquished road may lie, the said written declaration or a copy thereof, and upon the entry upon the journal of the commissioners of such county [of] an acceptance, signed by all of said commissioners, of such relinquishment or transfer; which written declaration, so deposited as aforesaid, shall thereupon be entered by said auditor upon his record of roads or highways, and thereafter such road, or part of road, shall be under the control of the county commissioners of the county in which the same may lie, who shall, by a proper order, provide that the same shall be a public highway, and that no tolls are collected thereon within the limits of such county. SEC. 3 This act shall take effect upon its passage, and that original sections one and two be and the same are hereby repealed. RICHARD C. PARSONS, Speaker of the House of Representatives. ROBERT C. KIRK, President of the Senate. Passed January 25, 1861. AN ACT To punish the crime of having counterfeit bank notes or coin in possession with intent to pass the same. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That if any person shall be detected with any false, forged, or altered, counterfeit or spurious bank note or notes, or any false, forged, base, or counterfeit coin or coins, made in the similitude of any gold, silver, or copper coin or coins currently passing in this Having in possession coun terfeit bills or coin. Penalty. state, in his or her possession, for the purpose of uttering and publishing the same as true and genuine, knowing the same to be false, forged, altered, spurious, base, or counterfeit, every such person shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be imprisoned in the penitentiary and kept at hard labor not more than ten years nor less than one year. its SEC. 2. This act shall take effect and be in force from and after passage. RICHARD C. PARSONS, Speaker of the House of Representatives. ROBERT C. KIRK, President of the Senate. Passed January 30, 1861. AN ACT To prevent the amalgamation of the white and colcred raccs. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That hereafter it shall be unlawful for any person of pure white blood to intermarry with or have illicit carnal intercourse with any negro, or person having a distinct and visible admixture of African blood; or for any negro or person having a distinct and visible admixture of African blood to intermarry with or have illicit carnal intercourse with any person of pure white blood; and any person offending against either of the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one hundred dollars, or be imprisoned in the jail of the county for any period not exceeding three months, or both, at the discretion of the court SEC. 2. That any person who shall, knowingly, solemnize a marriage forbidden by this act, or any probate judge who shall, knowingly, issue a license for the solemnization of any marriage forbidden by this act, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the county jail for a period not exceeding three months, or both, at the discretion of the court. SEC. 3. This act shall take effect and be in force from and after its passage. RICHARD C. PARSONS, Speaker of the House of Representatives. ROBERT C KIRK, Passed January 31, 1861. President of the Senate. AN ACT Sw. & Or. 1510 To amend an act entitled "an act to provide for the organization of cities and incorporated villages," passed May 3, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That original section forty-eight of said act be amended so as to read as follows: Sec. 48. The mayor, or in case of his absence the recorder, shall preside at all meetings of the council; the recorder shall also be and act as the clerk of the corporation, and shall attend all meetings of the council and make a fair and accurate record of all their proceedings, laws, rules and ordinances made and passed by the council, and the same shall at all times be open for the inspection of all persons interested; and it shall be the further duty of the recorder previous to the first Monday in April of each year, to make and enter in the record book of the corporation, an account of all the receipts and expenditures of the corporation of the preceding year, stating for what the money was received and how expended, a copy of which account he shall post up at the place of holding election for officers of the corporation, on the morning of the first Monday of April, annually. SEO. 2. That the original section forty-eight of said act be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. RICHARD C. PARSONS, Speaker of the House of Representatives. Passed February 5, 1861. President of the Senate. AN ACT Fixing the time of holding the common pleas court in the counties of Tuscarawas and Noble, for the year 1861. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the several terms of the court of common pleas, in and for the counties of Tuscarawas and Noble, for the year 1861, shall be begun and held at the times following, to wit: In the county of Tuscarawas on the twenty-sixth day of February, the twenty-first day of May, and the twenty-ninth day of October. In the county of Noble, on the fifth day of March, the fourth day of June, and the twelfth day of November. SEC. 2. This act shall take effect and be in force from and after its passage. RICHARD C. PARSONS, Speaker of the House of Representatives. President of the Senate. Passed February 6, 1861. AN ACT To regulate and limit the compensation of county auditors. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the several county auditors in this state shall hereafter Compensation receive compensation per annum for their services, as follows: In per annum, - additional. Fees in addi tion. Acts repealed. Proviso. counties having, by the last preceding enumeration of male inhabitants above the age of twenty-one years, taken under the authority of this state, no more than two thousand four hundred such inhabitants, the county auditor shall receive nine hundred dollars for each year; and in counties having more than two thousand four hundred such inhabitants, the auditor shall receive the like sums respectively, and in addition thereto shall receive for each year the sum of fifty dollars for each additional two hundred such inhabitants above twenty-four hundred in such county; such compensation to be paid out of the county treasury on the order of the county commissioners; provided, that in counties having by the last preceding enumeration [of] male inhabitants over the age of twenty-one years, more than six thousand such inhabitants, the county commissioners shall have power and are hereby authorized to make such additional allowance out of the county treasury annually for clerk hire, as they may deem necessary and proper, and also shall be authorized to allow the auditor in any county a reasonable additional compensation for extraordinary labor in the years in which real estate appraisements are made, whenever in their opinion the compensation allowed by the provisions of this act is not sufficient to pay for the same; and the compensation to be allowed according to the provisions of this act to county auditors, after the taking of any future enumeration of white male inhabitants under the authority of this state, shall be as herein established in every county, according to its population as herein classified, as ascertained from time to time by such enumeration. SEC. 2. The several county auditors of this state shall be author. ized to charge and receive for their own use, in addition to the compensation provided for in section first of this act, the following fees, viz: For certificate of sale of school lands, to be paid by purchaser, fifty cents; for certificate of payment of installment into the treasury on school lands, to be paid by purchaser, twenty-five cents; for final certificate of payment for school lands, to be paid by purchaser, one dollar; for certificate of sale of land for taxes, to be paid by the purchaser, ten cents; for deed of land sold for taxes, to be paid by the purchaser, one dollar and twenty-five cents; for any entry or transfer of land for taxation, to be paid by persons requiring the same, ten cents. SEO. 3. The act entitled an act "to regulate the fees of county auditors," passed March 19, 1838, and an act to amend section thirty-one of an act entitled "an act regulating the fees of county auditors," passed March 30, 1859, is hereby repealed: provided, that nothing in this act shall be so construed as to affect the compensation of any auditor now in, elected to, or [who] may be appointed previous to October first, 1861, to said office. ED. A. PARROTT, Speaker pro tem, of the House of Representatives. Passed February 7, 1861. President of the Senate. |