such excess, and the real and personal estate of said corporation shall likewise be able thereior: Frovided, That the personal and real property of each and every stockholder shall be liable for the payment of any debt, due by said corporation, to the full amount of stock by them respectively subscribed or owned. Proviso banks do Sec. 14. That the bills, exclusive of post notes, issued by Bank to pay said corporation, shall be transferable by delivery, and vest tax as other the holder thereof with the right of action in his own name: and the said Back shall at all times be subject to, and shall pay into the State Treasury, the same amount of tax that now is, or may hereafter be, by law required of other Banks within this State. Sec. 15. That the said corporation shall not hold or pos- Right of holdsess, in their own right, or in trust for the use of any other ing property person, any more lands and tenements than is absolutely ne- restricted cessary for the requisite buildings, except the same shall be held by mortgage, to secure the payment of some debt previously due said Bank, or shall have been purchased at public sale upon an execution or executions, issued in favor of said Bank, or which shall have been conveyed to it, or received in payment of any previous debt or debts. Sec. 16. That every Cashier and Clerk, before he en- Cashier to ters upon the duties of his office, shall give bond, with two give bond, &e or more securities, to the satisfaction of the Directors, with sent to Anit condition for the faithful discharge of his duty: and it shall Statement to be the duty of the Cashier, on or before the first Monday in be made out, December, annually, to make, and forward to the Auditor sworn to, and of State, a statement of the amount of capital stock actually or annually, paid in, the amount of gold and silver in the vaults, the and also pub amount of deposits, the amount of bills and redeemable fished funds of other Banks, the amount of debts due said Bank, and the amount of its own bills in circulation; which statement shall be sworn to and subscribed by the President and Cashier, which shall have three insertions in some newspaper published in Columbus and Painesville, at the expense of said Bank. Sec. 17. That the stockholders may augment, at any Capital stock time hereafter, the capital stoc's of said Bank, at a special may be augmeeting called for that purpose, two-thirds of all the votes mented being given therefor, under such regulatio: s, restrictions and conditions as they shall, at such meeting, judge proper, to any amount not exceeding one hundred and fifty thousand dollars, exclusive of the stock hereby authorized. Sec. 18. That the said corporation shall not take more six per cent. than at the rate of six per centum per annum, in advance, on to be taken its loans or discounts. Sec. 19. That this present act of incorporation shall in now se be forfeited for any nonuser whatsoever, at any time before the second Monday in January next. on loans Authentica tion Sec. 20. That this act be, and is hereby declared a public act; and the same shall be construed, in all Courts and places, benignly and favorably, for any beneficial purposes thereby intended. EDWARD KING, Speaker of the House of Representatives. February 10, 1829. Speaker of the Senate. Duty of the County assessors to appraise certain fands Privilege of persons holding small tion AN ACT to amend the act, entitled "An Act to provide for the sale of section sixteen, granted by Congress for the use of schools." Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the sale of section sixteen, or other lands in lieu thereof, for the use of schools, has been directed by law, and the Assessor of the county in which such land is situated has, from any cause, failed to make valuation thereof, according to the provisions of the eighth section of the act to which this is an amendment, such valuation shall be made by such Assessor between the first day of March and the first day of June next: and the Auditor of the county in which such is situated, shall proceed to sell the same as soon after such valuation shall be made as practicable, in conformity with the provisions of the aforesaid act. Sec. 2. That in all cases where a less quantity than a half quarter section of said lands is held by permanent lease, and the owner of such lease surrenders the same, and takes parts of a sec- a certificate of purchase, in conformity with the provisions of the act to which this is an amendment, he may, at the same time, if not already sold, purchase the residue of such half quarter section, at the valuation thereof made by the Assessor; and if a part of two half quarter sections be held by such lease, the owner thereof, on surrendering the same as aforesaid, may purchase the residue of both of such half quarter sections as aforesaid. School lands in refugee tract may be Fold Sec. 3. That the act to which this is an amendment, and the "Act directing the sale of sundry sections, sixteen, for the use of schools," passed January nineteenth, eighteen hundred and twenty-eight, shall be construed to authorize the sale of the lands set apart for the use of schools in that tract of country commonly called "The Refugee Tract;" and said acts shall not be construed to authorize the Auditor of any to sell lands county to sell any school lands not situated in his county, although the same may belong to some township within his county; but such lands shall, in all cases, be valued by the Assessor, and sold by the Auditor of the county in which the same are situated. Auditor not out of his County before due Sec. 4. That if any person, who shall receive a certifi- Persons percate of purchase for any land, under the provisions of the mitted to second section of this act, or the seventh section of the act make paym't to which this is an amendment, shall be desirous of comple ting the payment for such land within a less time than that prescribed by the last named act, he shall be allowed to complete such payment at any time, by paying the interest on the purchase money from the time of surrendering such lease up to the time of paying the same. Sec. 5. That the south half of the southeast quarter of Provision for section sixteen, in township seventeen, and range seven, in a half section the county of Stark, shall be appraised by the Assessor of in stark c'ty said county, at its true value in its present state; and when so valued, the legal holder of the temporary lease, for said half quarter section, may surrender the same, and take a certificate of purchase for said land, at the valuation so made by the Assessor, in the same manner as he might do if he held said land by a permanent lease. Sec. 6. That sections fifteen, in the townships of Hope- Provision for well and Thorn, in the county of Perry, shall be valued by lands in Perry the Assessor of Licking county; any thing in this, or any county other law, to the contrary notwithstanding: and when such lands shall be so valued, the lessees thereof may, within one year from the passage of this act, surrender their leases to the Auditor of Perry county, and take certificates of purchase at such valuation, in the same manner as the holders of permanent leases are authorized to do. EDWARD KING, February 11, 1829. Speaker of the Senate AN ACT in addition to the act, entitled "An Act to incorporate and es tablish the city of Cincinnati, and for repealing all laws and parts of laws heretofore enacted on that subject," passed the twenty-sixtb day of January, in the year eighteen hundred and twenty-seven. school dis Sec. 1. Be it enacted by the General Assembly of the State City couneil of Ohio, That the City Council of said city, be, and they are to lay off the hereby authorized and required, at the expense of said city, city into tep to provide for the support of common schools therein; and triets for such purpose shall, by an ordinance to that effect, in the month of May next, cause the said city to be divided, by teritorial limits and bounds, into ten school districts, two in each ward, in such manner as shall be most convenient, having due regard to the present and future population of each; and may, from time to time, make such alterations of the limits and boundaries thereof, as shall more effectually se E Proviso in each dis trict cure to each District equal advantages and accommodations for the education of the children therein; any law, usage or custom to the contrary notwithstanding: Provided, That ne District shall, at any time, be formed of parts of any twe wards. To purchase Sec. 2. That the said City Council be, and they are a lot & erect hereby authorized and required, on or before the first day a school house of July next, or so soon thereafter as may be necessary, to purchase, in fee simple, or to receive, as a donation, for the use of said city, and at the expense of the same, in each of said School Districts, a suitable lot of land, in some central and convenient situation, as a site for a school house therein and, at any time within two years thereafter, to cause to be erected thereon a good and substantial school house, the walls of which to be composed entirely of brick or stone, and mortar, with a cellar under the whole, to be two stories high, containing two school rooms therein, and of such dimensions and capacity as shall be proper and convenient for the use of common schools in said city: and to defray the necessary expenses of the building and construction of said school houses, which shall all be of the same size and dimensions, as also to pay the purchase money for the lots of land Tax to be le- on which the same shall be erected: it shall be lawful, and it is hereby made the duty of said City Council, annually, to cost of houses levy, or cause to be levied, in addition to the other taxes of said city, a tax of one mill on the dollar, upon all property in said city, valued or appraised, and liable and subject to taxation for State and county purposes, until a sufficient sum shall be raised and collected from such tax, to meet all the expenses which shall be incurred for the purchase of lots of land, and for the erection of the school houses aforesaid: Provided, It shall be lawful for said City Council to borrow any sum or sums of money, at a rate of interest not exceeding six per cent. per annum, as may be sufficient and necessary for the purchase of the lots of land and the erection of the school houses aforesaid, and to refund or pay the same, as the tax aforesaid shall be collected; and the said tax is hereby made a special and inconvertible fund for that purpose. vied for the Proviso An annual tax to be le vied for the support of schools in the city Sec. 3. That for the purpose of more effectually supporting common schools in said city, and to secure the benefits and blessings of an education to all the children therein, it shall be the duty of said City Council, annually, to levy, or cause to be levied and collected, a tax of one mill on the dollar, in addition to such tax as may be levied by, or under the authority of the State, for that purpose, upon all property in said city, valued and appraised, and liable and subject to taxation for State and county purposes; which tax, together with such as may be levied and collected in the township of Cincinnati for such purpose, shall be exclusively appropria to ted to defray the expenses of teachers, and for fuel, for said schools, and for no other purpose whatever: Provided, That Provim said schools, in the several Districts of said city, shall, at all times, be equally free and accessible to all the children, of a proper age, who may reside therein, and subject only to such regulations, for their government and instruction, as the Trustees, hereinafter mentioned, may, from time to time, prescribe: Provided also, That nothing in this act contained Proviso as shall be so construed as to permit black or mulatto persons black and to attend said schools, or either of them, or to receive in- mulatto perstruction therein; but all taxes assessed on the property of sons black or mulatto persons in said city, or in the township of Cincinnati, for school purposes, shall be appropriated as the Trustees and Visitors, hereinafter mentioned, may direct, for the education of black or mulatto persons in said city, and for no other purpose whatever. Sec. 4. That all moneys heretofore levied and collected Disposition in the township of Cincinnati, for the use of common schools school funds therein, and remaining on hand and unexpended on the first now on hand Monday of March next, whether in the hands of the County Treasurer, or in the hands of any other person or persons, shall then be paid over to the City Treasurer: and all moneys hereafter levied and collected in said city, and in the township of Cincinnati, for the support of common schools, as, also, all other moneys appropriated, by law, for the use of schools therein, shall be paid into the City Treasury; and a separate and particular account of the receipts and expenditures thereof, shall be kept by the Treasurer, in a book to be provided for that purpose; and the said City Treasurer shall not be entitled to receive any per centage, premium or other compensation, for receiving and paying out the same, and for keeping the accounts thereof. to be elected Sec. 5. That the qualified voters of each ward in said A trustee and city, on the first Monday of April, annually, at the time and visiter of com place of choosing Trustees thereof, shall elect one judicious mon schools and competent person, having the qualifications of a Trustee in each ward for such ward, as a Trustee and Visitor of common schools of the city in in said city; which Trustees and Visitors, elected as afore- April annusaid, shall constitute and be denominated "The Board of ally Trustees and Visitors of Common Schools, in Cincinnati," who shall hold their office for one year, and until their suc- Powers and cessors shall be chosen and qualified, and fill all vacancies duty of the which may occur in their own body during the time for tees and visi which they shall be elected: they shall have the general su- tors of comperintendence of all the common schools in said city, and, mon schools from time to time, make such regulations, for the government and instruction of the children therein, as to them shall appear proper and expedient: they shall appoint and employ the teachers and instructors for the same, and visit each and every such school as often as once in every month: board of trus |