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ship, city or village in a book to be kept for such purpose, which said book shall be open for the inspection of all persons interested; any notice entered in such book shall be erased and so obliterated as not to be legible by the officer having charge of the same, upon the demand of the person or persons by whom such notice was filed, and thereafter such notice shall cease and end; otherwise the aforesaid injured person or persons shall not be entitled to real or exemplary damages for the alleged injuries which they may have sustained by the intoxication of any of the aforesaid persons, viz: husband, wife, child, parent, guardian, employer, or any other person or persons whomsoever; Provided, that such notice whether served personally or filed with the clerk, as aforesaid, shall during its existence inure to the benefit of all persons interested, the same as if a notice had been served by each; and if any clerk shall fail or refuse to make such record as herein provided, he shall be deemed guilty of a misdemeanor, and upon conviction before any court of competent jurisdiction, shall be fined in any sum not exceeding twenty-five nor less than five dollars, and the same shall work a forfeiture of office held by such clerk.

SEC. 2. It shall be unlawful for any saloon keeper, grocer or other person to publish the fact that any notice has been given, as provided in the foregoing section, by posting such notice in any saloon, grocery, or other place, or by printing or causing the same to be printed in any newspaper, circular, or in any other way to give publicity to the fact that such notice has been given. Any person violating the provisions of this section shall, upon conviction thereof, in any court of competent jurisdiction, be fined in any sum not less than ten nor more than fifty dollars, and pay the cost of prosecution.

SEC. 3. That section seven of the above mentioned act be and the same is hereby repealed.

SEC. 4. This act shall take effect from and after its passage.

MILTON MCCOY,

Speaker pro tem. of the House of Representatives.

ALPHONSO HART,

Passed February 18, 1875.

President of the Senate.

AN ACT

Granting the consent of the General Assembly of the State of Ohio, to the Government of the United States, to acquire by purchase or otherwise, lands within the State of Ohio needed for the improvement of the navigation of the Ohio river.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the cousent of the general Assembly of the state of Ohio, be and the same is hereby given to the

government of the United States to acquire by purchase, gift, condemnation or other lawful means, any tract, parcel or piece of land within the state of Ohio needed for the public use of the United States in the improvement of the navigation of the Ohio river; and all deeds or other assurances of law for the same, shall be recorded in the proper recorder's office of the county in which such lands may lie. The consent hereby given being in accordance with the seventeenth clause of the eighth section of the first article of the constitution of the United States, and with the acts of congress in such case made and provided, so far as necessary for the enjoyment and protection of the United States in the use of the property thus acquired or to be acquired for the use and purposes above named.

SEC. 2. The lands so acquired or to be acquired by the United States for the purposes aforesaid, shall be held exempt from taxation by the state of Ohio, while used for such purposes, and from the control of the state of Ohio, inconsistent with the uses and purposes for which such lands are or may be acquired, but not otherwise exempted.

SEC. 3. This act to take effect and be in force from and after its passage.

MILTON MCCOY,

Speaker pro tem. of the House of Representatives.

United
States may
lands, etc.,
acquire
for improve-

ment of Ohio

river.

Lands so acquired to be exempt from taxation.

Passed February 18, 1875.

ALPHONSO HART,

President of the Senate.

AN ACT

To amend an act entitled an act supplementary to the several acts relating to the collection of Delinquent Taxes, passed April 6, 1874. (O. L., Vol. 71, page 83.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be so amended as to read as follows:

Section 1. That when any taxes or assessments shall stand charged against any person or corporation upon the tax duplicate, or special duplicate of any county of this state, for state, county, or any other purpose, authorized by law, and the same shall not be paid within the time prescribed for the payment of such taxes and assessments, the treasurer of such county, in addition to any other remedy provided by law for the collection of such taxes and assessments, is hereby authorized to commence a civil action in the name of the treasurer of such county against such person or corporation for the recovery of such unpaid taxes or assessments, in any of the courts of this state having jurisdiction of the subject matter; and it shall be sufficient for such treasurer to allege in his petition that such person or corporation stands charged

Civil action for delinquent taxes

authorized.

Requisite allegations.

Rendition of judgment,

etc.

upon the duplicate of said county with said taxes or assessments, that the same are due and unpaid, and that such person or corporation is indebted in the amount appearing to be due upon said duplicate, without setting forth in his said petition any other or further special matter relating thereto; and if on the trial of said action it shall be found that such person or corporation is so indebted, judgment shall be rendered in favor of such treasurer so prosecuting said action as in other cases, and the judgment debtor shall not be entitled to the benefit of the laws for stay of execution or exemption of homestead, or any other property from levy or sale on execution in the enforcement of any such judgment.

SEC. 2. That original section one be and the same is hereby repealed.

SEC. 3. This act shall take effect and be in force from and after its passage.

MILTON MCCOY,

Speaker pro tem. of the House of Representatives.

Passed February 18, 1875.

ALPHONSO HART,

President of the Senate.

Amount of business in each county to be ascertained.

termine what

AN ACT

Providing the mode of holding Courts of Common Pleas and for apportioning the labor to the Judges thereof.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the courts of common pleas in this state, except as otherwise may be provided by law, on or before the third Tuesday in October in each year, and at the time they determine the times of the commencement of the terms of the district court, and of the several terms of the court of common pleas in their respective districts, as is or may be provided by law, shall also ascertain, as early as may be, the probable amount of business in each county of their judicial districts for the ensuing year, and shall apportion the labor of holding said courts of common pleas equally between the Judges to de- judges of each district; and said judges, or a majority of them, in each common pleas district, at the time of issuing their written order to the clerk of the court of common pleas of each and every county in their said district, fixing the time of the commencement of the terms of said courts for the ensuing year, shall specify in said order what terms or parts of terms of said court of common pleas shall be held by each judge of said district in accordance with the apportionment of labor between said judges, as aforesaid, and that in arranging the division of labor by the judges, they shall, as far as necessary, so arrange the same as to have courts held by judges in counties in which the judge holding the same is not a resident; Provided, that not less than two hundred and forty days of open session of the court of common pleas shall be held by each judge during the year, unless all the business

terms shall be held, etc.

assigned him be sooner disposed of, and also designate one of their number whose duty it shall be to supervise the execu tion of the aforesaid order when so made by a majority of the judges.

SEC. 2. When the judge as aforesaid to supervise the execution of the said order of said judges shall receive satis. factory information that by reason of illness or other disability of any judge of the court of common pleas who may have been assigned to hold the term or a part thereof in any county, is unable to perform such duty, or when an unusual amount of business shall occur in any county over and above the business in other counties of the district which was not taken into consideration in apportioning the labor, the judge so assigned to such supervising duty shall designate and assign any judge or judges of said district who may not be for the time being engaged in holding any court, to the discharge of the duties of such disabled judges during the terms of such illness or disability, or to aid in trying and disposing of such unusual labor which was not considered in making said apportionment, so far as may be, and thereupon such judge so designated, upon receiving notice thereof from the judge so assigned to such supervisory duty as aforesaid, shall proceed to hold the courts, to the holding of which he or they have been thus assigned.

SEC. 3. To carry into effect, as far as possible, the pro. visions of this act, for the year A.D. 1875, the first meeting of the judges as provided for in the first section of this act, shall be held on the last Monday in March next, and thereafter as provided in said first section. SEC. 4. This act shall be in force from and after its passage. MILTON MCCOY,

Speaker pro tem. of the House of Representatives.

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Passed February 23, 1875.

ALPHONSO HART,

President of the Senate.

AN ACT

To authorize the votes of stockholders of certain incorporated companies to be cast by proxy.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That at all meetings of stockholders of railroad and mining companies, the vote of any stockholder not present may be cast by proxy.

SEC. 2. This act shall take effect and be in force from and after its passage.

MILTON MCCOY,

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Votes may be cast by proxy at all meetings of stockholders.

Passed February 23, 1875.

President of the Senate.

Bonds may

be issued in

lieu of unpaid bonds.

AN ACT

To amend an act entitled an act to authorize counties, townships, cities and incorporated villages to issue bonds in certain cases, passed March 10, 1860. (Volume 57, Ohio Laws.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above entitled act be so amended as to read as follows:

Section 1. That it shall be lawful for the commissioners of any county, the trustees of any township, and the council of any city or incorporated villages, which may have heretofore, in pursuance of any law, issued bonds in aid or for the purpose of public improvements, and which bonds are now due and unpaid, to issue other bonds not exceeding in the amount the principal of such bonds so due and unpaid.

SEC. 2. That original section number one of the above recited act be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. MILTON MCCOY,

Speaker pro tem. of the House of Representatives.
EMERY D. POTTER,
President pro tem. of the Senate.

Passed February 25, 1875.

Reserve fund

AN ACT

Supplementary to an act entitled "An act for the relief of the poor, etc.," passed April 26, 1872. (O. L., vol. 69, p. 115); and to amend section 32 of an act passed April 26, 1872. (O. L. 69, p. 124.)

SECTION 1. Be it enacted by the General Assembly of the for use of in- State of Ohio, That in all counties where there is a county infirmary. firmary, that the county commissioners of said county may, at the request of the infirmary directors, set apart such sum as they shall deem sufficient, but not to exceed two hundred dollars ($200), as a reserve fund, for the use of the infirmary. That said reserve fund shall be paid to the superintendent of the infirmary, and by him expended, under the directions of the directors, for such immediate and pressing supplies as to them shall seem fit. The said superintendent shall keep an accurate account of such expenditures, which shall be audited by the directors from time to time, and a voucher drawn on the county auditor to replace such amount so drawn to the full amount of such reserve fund. The superintendent shall be required to give bond, with sufficient security, to be approved as his official bond is now executed and approved,

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