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for the faithful management of said reserve, and for its payment into the treasury, when directed by the commissioners, or for the payment of the whole or any unexpended part to his successor in office.

SEC. 2. That section 32 of the act passed April 26, 1872, entitled an act for the relief of the poor, etc., be amended so as to read as follows:

Section 32. That the auditor of a county in which a county infirmary is situated, shall receive any vouchers given by the directors, and countersigned by the superintendent, to any person or persons, other than the directors themselves, for labor, provisions, medical attendance, or supplies of any kind furnished to said institution, and shall give such person an order on the county treasury for the proper amount; and such voucher shall show the specific item or items allowed by said directors, or shall be accompanied by a written statement showing the items so allowed.

SEC. 3. That whenever the net proceeds arising from the sale of any property belonging to any pauper, shall be applied to the support of any pauper inmate of said infirmary, as provided by law, the said directors shall proceed to open an account with said pauper, and give him credit for the said proceeds, and charge him with board, and such specific items furnished for his exclusive use; and such amount, when delivered from time to time, shall be paid into the county treasury, and placed to the credit of the poor fund of said county.

SEC. 4. That hereafter the directors of said infirmary shall make the reports in writing, as required by section 25 of said act; but the report required in September shall embrace the transactions of the whole year, and include the transactions of the six months required to be made on the first Monday of March.

SEC. 5. That original section 32 be repealed, and that this act shall be in force from and after its passage.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.

Orders on county treasury for expenses.

Accounts

with paupers

Semi-annual

reports.

Passed February 26, 1875.

AN ACT

To repeal the act entitled "An act defining the jurisdiction of the Probate Court in the county of Mercer, in minor criminal cases," passed April 12, 1871.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That an act defining the jurisdiction of the Probate Court, in the county of Mercer, in minor criminal cases, passed April 12, 1871, (O. L. Vol. 68, p. 58), be and the same is hereby repealed.

Relative to probate court in Mercer county.

As to pending cases.

SEC. 2. All cases pending in the Probate Court of Mercer county, by virtue of the act repealed by the foregoing section, at the time of taking effect of this act, shall be transferred to the Court of Common Pleas of said county, there to be disposed of according to law.

SEC. 3. This act shall take effect on its passage.
MILTON MCCOY,

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

Passed February 26, 1875.

Civil actions before

mayors of corporations extending in

to two or more counties.

AN ACT

To provide for appeals in civil actions taken from the mayor of any city or incorporated village situated in two or more counties.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any civil action shall be brought before the mayor of any city or incorporated village extending into two or more counties, all appeals to any higher court shall be taken to the county where the defendant resides; Provided, that nothing herein contained shall be construed to permit an appeal to any county no part of which lies in such municipal corporation.

SEC. 2. 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 26, 1875.

Relative to incumbrance of county fair grounds.

AN ACT

Supplementary to an act passed February 15, 1863, and supplementary to an act entitled, "An act for the encouragement of agriculture," passed February 28, 1846. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the county commissioners of any county have paid, or shall hereafter pay, any sum of money out of the county treasury for the pur chase of any real estate, or site for any agricultural society whereon to hold its fairs, it shall be unlawful for any such society, after having received any such money out of the county treasury, to encumber any such real estate with any debt, either by mortgage or otherwise, without the consent of the county commissioners.

SEC. 2. This act shall take effect from and after its

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Supplementary to an act entitled "An act to provide for the organization of Municipal Corporations," passed May 7, 1869.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in any incorporated village heretofore existing as such, in which the council of such incorporated village, without a petition of the electors of such incorporated village, and without submitting their action to the legal voters thereof, as required by law, did, by resolution declare such incorporated village changed or reduced to the grade of an incorporated village for special purposes; and in case, in accordance with such action of such council, there have been elected the proper officers of an incorporated village for special purposes, who thereupon assumed to act as such officers, any such incorporated village shall be deemed and held, notwithstanding the irregularities aforesaid, an incorporated village for special purposes, the same as if the statutes in such cases made and provided for a change of grade had been fully complied with.

SEC. 2. All the official acts of such officers of incorporated villages for special purposes as aforesaid, shall be held as true and valid in law as though said change of grade had been made in strict conformity to the provisions of law. SEC. 3. This act shall take effect from its passage.

MILTON MCCOY,

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

Relative to change or reduction of grade of vilages.

Validity of official acts

in such villages.

Passed February 26, 1875.

AN ACT

To amend "An act to amend section one of an act entitled an act to authorize the county commissioners to appropriate as county roads, turnpike and plank-roads, that have been, or hereafter shall be abandoned, passed March 13, 1862, passed April 2d, 1866. (S. & S., 679.) 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:

Forfeiture of
franchises
by abandon-
ment, etc.

Section 1. That any turnpike or plank-road company, created or existing by virtue of any law of this State, which shall have neglected or hereafter shall neglect to elect its officers, and keep its road in repair for the period of one year, shall be deemed and held to have abandoned the same; and all persons owning the right to take tolls on such road, or owning any other right, franchise or interest in such road, of any such company so neglecting to elect its officers and keep the road in repair for the period of one year, who shall themselves, or by their agents or trustees having the management or control of such road, have neglected, or shall hereafter neglect, to keep the same in repair for the period of one year, shall be deemed and held to have lost and abandoned all their said rights, interests and franchises therein.

SEC. 2. This act shall take effect and be in force from and after its passage, and the above recited act, to which this is amendatory, is hereby repealed.

MILTON MCCOY,

Speaker pro tem. of the House of Representatives.

EMERY D. POTTER, President pro tem. of the Senate.

Passed February 26, 1875.

Penalty for pointing fire

arms at any person.

Penalty for discharging firearms aimed at any person.

Penalty for injury inflicted.

Exemption

in case of self-defense,

eto.

AN ACT

To provide for the punishment of the careless use of
Firearms.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person to intentionally, without malice, point or aim, any firearms at or toward any other person, and every person so doing shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than fifty dollars and not less than five dollars.

SEC. 2. Any person who shall discharge, without injury to any other person, any firearms, while intentionally, without malice, aimed at or towards any person, shall be deemed guilty of a misdemeanor, and shall be liable to a fine of not more than one hundred dollars, or imprisonment in the county jail not to exceed three months, or both, at the discretion of the court.

SEC. 3. Any person who shall maim or injure any other person by the discharge of any firearm, pointed or aimed intentionally, but without malice, at any such person, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, or imprisonment in the county jail for a period of not more than one year, or both, at the discretion of the court.

SEC. 4. This act shall not apply to any case where firearms shall be used in self-defense, or in the discharge of official duty, or any case of justifiable homicide.

SEC. 5. This act shall take effect and be in force from its
MILTON MCCOY,

passage.

Speaker pro tem. of the House of Representatives.

EMERY D. POTTER,
President pro tem. of the Senate.

Passed March 2, 1875.

AN ACT

Amendatory to an act, entitled an act for the reorganization of common schools, passed May 1, 1873.

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

Map of town

ship.

Size of subdistricts.

Consolida

tion of subdistricts.

Election of local diree

tors.

Section 32. The said board shall prepare or cause to be prepared, a map of their township as often as they deem necessary, on which shall be designated the sub-districts of the township, which they may change or alter at any regular session, and the number assigned to each; but no sub-district shall contain less than sixty resident scholars by enumeration, except in cases where, in the opinion of the board or General Assembly, it is necessary to reduce the number; whenever the board of education of any township district shall consolidate two or more sub-districts, to form a new sub-district, or the General Assembly shall make a new sub district, said board shall call a special meeting of the qualified electors resident in said new subdistrict, for the purpose of electing three local directors for the same; at least five days before the time fixed for said meeting said board shall post, in three of the most public places in said new sub district, written or printed notices, stating the time, place, and object of holding said meeting; the election at such special meeting shall be conducted as provided in sections twenty-seven and twenty-eight of this act; Provided, that three local directors shall be elected, one to serve for one year, one to serve for two years, and one to serve for three years from the annual election next preceding the organization of said new sub-district; and that the terms of office of the local directors of the sub-districts so consolidated or made shall expire at the time such new district shall have been created; and any sub-district which may be made or established by a general or local act of the General Assembly, shall be governed by the provisions of districts. this act, except that it cannot be changed, altered or consolidated by the board of education until after the expiration of three years after it has been so made or established.

SEC. 2. That said original section thirty two be and the same is hereby repealed.

SEC. 3. That this act be in force from and after its passage.

MILTON MCCOY,

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Government of new sub

President pro tem. of the Senate.

Passed March 3, 1875.

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