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Sec. 2. That the clerks, assistant clerks, sergeants-at-arms and Per diem of assistant sergeants-at-arms of the senate and house of representatives clerks and ser

geants-atof this state shall each be entitled to receive for each day's attendance during the session of the general assembly the sum of three dollars.

Seo. 3. That the clerks of the senate and house of representatives -of clerks shall receive at the rate of three dollars per day each for the time after adjournactually employed, after the adjournment of the general assembly, for making out an index to the journals, to be paid on the order of the auditor of state ; but they shall not receive any other allowance or compensation for services after the adjournment of the legislature.

Sec. 4. That it shall be the duty of the sergeant-at-arms of each Duty of serhouse, immediately after the adjournment of the general assembly, geant-at-arms to take charge of all books, stationery and all other property of every ment.

after adjourndescription, furnished for, in possession or for the use of the general assembly, or any member or officer thereof, and being the property of the state; and such sergeant-at-arms shall cause the said property to be delivered into the custody of the secretary of state, who shall give duplicate receipts therefor, one of which receipts shall be by said sergeant-at-arms deposited with the auditor of state ; and the said auditor of state shall allow to said sergeant-at-arms, for the ser

his per diem

therefor. vices required by this section, such sum, not exceeding three dollars per day for the time actually employed, as such auditor shall deem just and reasonable, to be paid out of the treasury of the state, as in other cases.

Sec. 5. That an act fixing the compensation of members of the Acts repealed. general assembly, passed March 3, 1852, and an act passed April Sw.& Cr.1331, 30, 1852, entitled "an act fixing the compensation of clerks, assistant

Sw.& Cr,1331, clerks, sergeants-at-arms and assistant sergeants-at-arms of the senate and house of representatives of this state," be and the same are hereby repealed.

JAMES R. HUBBELL,
Speaker of the House of Representatives.

B. STANTON,

President of the Senate. May 1, 1862.

AN ACT

Making appropriations in part of the general revenue for the year 1863. Section 1. Be it enacted by the General Assembly of the State of Ohio, That there be and hereby is appropriated, from any money, that may be in the treasury, belonging to the general revenue, and to be used for the service of the year 1863 :

For the payment of guards at the Ohio penitentiary, ten thousand dollars.

For the general current expenses of the Ohio penitentiary, thirteen thousand dollars.

For the prosecution and transportation of convicts, ten thousand dollars.

For provisions and necessary current expenses and repairs of the Central Ohio Lunatic Asylum, ten thousand dollars.

For provisions and necessary current expenses and repairs of the Southern Ohio Lunatic Asylum, six thousand dollars.

For provisons and necessary current expenses and repairs of the Northern Ohio Lunatic Asylum, six thousand dollars.

For provisions and necessary current expenses and repairs of the institution for the education of the deaf and dumb, three thousand dollars.

For provisions and necessary current expenses and repairs of the institution for the education of the blind, three thousand dollars.

For provisions and necessary current expenses, repairs, rent and wages of the state asylum for idiots, fifteen hundred dollars.

For provisions, furniture, clothing, lodging, school books, for educating and training boys, and other necessary expenses at the reform school, two thousand eight hundred and thirty-four dollars.

SALARIES. For the payment of salaries of the warden, deputy warden, clerk, pbysician, chaplain, assistant teacher and matron of the Ohio penitentiary, fifteen hundred dollars.

For the payment of the salaries of the superintendent, assistant physician, steward and matron of the Central Ohio Lunatic Asylum, nine hundred and fifty dollars.

For the payment of the salaries of the superintendent, assistant physician, steward and matron of the Southern Ohio Lunatic Asylum, nine hundred and fifty dollars.

For the payment of the salaries of the superintendent, assistant physician, steward and matron of the Northern Onio Lunatic Asylum, nine hundred and fifty dollars.

For the payment of the salaries of the superintendent, steward, matron, physician and teachers of the institution for the education of the deaf and dumb, two thousand dollars.

For the payment of the salaries of the superintendent, steward, matron, physician and teachers of the institution for the education of the blind, twelve hundred dollars.

For the payment of the salaries of the superintendent, other officers and teachers of the state asylum for idiots, six hundred dollars.

For the payment of the salaries of the officers of the state reforrg farm, fifteen hundred dollars.

SEO. 2. This act shall take effect from and after the fifteenth day of November, eighteen hundred and sixty-two.

JAMES R. HUBBELL, Speaker of the House of Representatives.

B. STANTON,

President of the Senale. May 1, 1862.

AN AOT

Fees in criminal cases

Prescribing the fees of the clerks of courts. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the clerks of the several common pleas, superior, dis. trict and supreme courts of this state, shall be allowed for services rendered in criminal cases, the same fees as are allowed by law for like services in civil cases, to be taxed in the bill of costs, and collected from the defendant or defendants in cases where the state

prevails ; and the court of common pleas may annually, in each
county having a population less than seventy thousand, allow to the
clerk å sum not exceeding one hundred dollars, and in every other
county not exceeding three hundred and fifty dollars, to be paid
from the county treasury, in lieu of fees, in cases where the state
fails, or the defendant proves insolvent, and for other services not
particularly provided for ; but no other fee or allowance in criminal
cases shall be paid from the county treasury. Nor shall such
allowance exceed the aggregate amount of the fees in such cases,
or for such other services in any year : Provided, that nothiog in Proviso.
this section contained shall affect the payment by the state of fees of
clerks in cases of conviction for penitentiary offenses, as provided
by law.

SEO. 2. The clerks of said courts shall receive, from the treasu• Fees to be ries of their respective counties, the following fees : For drawing paid from each grand jury, issuing a venire therefor, and impanneling and county treasswearing such jury, one dollar ; for certifying the fees or compen

ury. sation of each grand juror for attendance during the term, one dollar; for making out abstracts of elections, and certifying the same (except justices' elections), for each one hundred words, counting three figures as one word, ten cents; for certifying the fees of judges and clerks of elections, ten cents each ; for filing the enumeration of white male inhabitants over twenty-one years of age, and certifying the same by townships, incorporated villages, and wards in cities, to the secretary of state, ten cents; for each township, incorporated village, and city ward, for apportioning jurors to the several townships, cities and wards, copying the names and placing the same in the jury box, three dollars annually; for making out lists of unclaimed costs, and paying the same to the county treasurer, two per centum on the amount of money paid; for reporting annually a list of fines assessed by their respective courts, one dollar; for reporting annually to the prosecuting attorney a list of fines and costs, collections thereon, &c, two dollars ; for reporting annually to the auditor of state as to the collection of costs in penitentiary cases, fifty cents ; for each civil jury list certified to the county auditor, twenty-five cents; and for distributing the laws, journals, and documents of the state, five dollars annually.

SEO. 3. The county commissioners shall furnish to the clerks of Stationery, courts of their respective counties, all blank books, blanks and station, etc. ery necessary to the prompt discharge of their duties, or the clerks may themselves procure said articles, and shall be allowed and paid for them upon their certificate of items.

Seo. 4. The clerk of each court shall, before receiving payment Itemized bill from the county treasury for any fees allowed by law, present to of fees paythe auditor of the county an itemized bill of such fees, and shall able from certify upon, or at the foot of such bill, that the services for which treasury to be such fees are charged, have been performed by him, aud remain auditor.

presented to due and unpaid, for which bill and certificate no fee shall be charged ; and it shall be unlawful for any clerk of any of the courts of this state to charge or receive any greater or other fees or other compensation for the discharge of any duties of his office, than are allowed by law; and if any such unlawful fees shall be charged Penalty for and taken or received, the clerk charging and taking or receiving the charging un. same, shall be liable to the party injured in three times the amount lawful feea. of such unlawful fees, to be recovered, with costs, by civil action in

any court of competent jurisdiction, or upon motion and summary hearing and judgment in the court of common pleas of the proper county, and shall, moreover, be removed from the office by the court of common pleas of the county, and shall thereafter be in

eligible to said office. Repealing SEC. 5. The third, fourth, fifth and sixth sections of the "act to clause.

regulate the fees of clerks of the courts of common pleas,” passed Sw.& Cr, 629. May 1, 1854, and all other acts and parts of acts inconsistent with Clerks not any of the provisions of this act, are hereby repealed : Provided, affected as to that the repeal shall not affect the right of any clerk to charge and services here

receive fees according to the acts repealed, for services rendered tofore ren

prior to the taking effect of this act.

SEO. 6. This act shall take effect and be in force from and after its passage.

JAMES R. HUBBELL, Speaker of the House of Representatives.

B. STANTON,

President of the Senate. May 1, 1862

dered.

LOCAL AND SPECIAL ACTS.

AN ACT

To enable the trustees of Hinckley township, Medina county, to sell and buy lands. WHEREAS, Samuel Hinckley, by deed dated the 23d day of June, A. D. 1831, conveyed to Thomas N. Easton, John Jones and Andrew M. Creery, trustees of the township of Hinckley, Medina county, state of Ohio, and to their successors in office forever, the following lot of land, situate in said township, to wit: “Beginning at a stake 9 chains and 75 links bearing south, 88° west from the center stake of said township in the center of the highway; thence N 2°, W. 2 chains and 50 links; thence south 88°, W. 5 chains; thence 8. 2°, E. 5 chains; thence N. 88°, E. 5 chains ; thence N. 2o, W. 2 chains and 50 links, to the beginning ;" to be by said trustees appropriated to such purpose as shall best subserve the interests of the town; and

WHEREAS, The trustees of said township, being unable to render the said parcel of land available for public uses, in consequence of its remoteness from the business village and center of the said township, desire to sell the same, and invest the proceeds in the purchase of an available site for a town hall and public square at or near said business and village center; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of Hinckley township, Medida county, Ohio, are hereby authorized and empowered, if in their opinion it shall best subserve the interests of said towoship, to sell and convey, by deed of general warranty, at public or private sale, upon such terms as they may deem for the interests of said township, the aforesaid described parcel of land, and the proceeds thereof to invest in the purchase of a site for a town hall and public square, at or near the business village center of said township. SEC. 2. This act shall take effect

upon

its
passage.

JAMES R. HUBBELL,
Speaker of the House of Representatives.

B. STANTON, Passed February 7, 1862.

President of the Senate.

AN ACT

To repeal an act entitled "an act to authorize Alexander Mooberry and his associates to form &

new school district in the county of Franklin, Ohio.” Section 1. Be it enacted by the General Assembly of the State of Ohio, That the act entitled " an act to authorize Alexander Mooberry and his associates to form a new school district in the county of Franklin, Ohio," passed March 29, 1841, be and the same is hereby repealed. Seo. 2. This act shall take effect and be in force from and after its passage.

JAMES R. HUBBELL, Speaker of the House of Representatives.

B. STANTON, March 5, 1862.

President of the Senate.

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