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borrow thirty thousand dollars, at & rate of interest not exceeding seven per cent. per annum, to exchange for, or to pay the bonds of said town issued to the Dayton and Michigan railroad company.
SEO. 2. That to secure the payment of said money, the mayor of said town may issue the bonds of said town in sums of six hundred dollars each, bearing interest at seven per cent. per annum, which interest may be made payable semi-annually. Said bonds shall be signed by the mayor and countersigned by the recorder of said town; and there shall be attached to each of said bonds interest coupons for the payment of the semi-annual interest on the first day of January and the first day of July in each year; which shall be signed by the mayor.
SEO. 3. Said bonds shall be made payable as follows: The first two bonds one year from their date, and two each year thereafter ; so that the last two bonds shall become due and payable twenty-five years from the date thereof. SEO. 4.
The common council of said town shall annually levy a tax sufficient to pay the interest on said bonds and twelve hundred dollars of the principal. And if for any cause said council shall refuse or neglect to levy said tax by the first day of June in each year, it is hereby made the duty of the auditor of Wood county to levy it, and place the same upon the duplicate for collection. Said tax shall be levied on all taxable property within the limits of said town at the time of the levy.
SEO. 5. Said bonds shall not be issued unless the same (by a previous arrangement) will be sufficient to pay the fifty thousand dollars of bonds issued by the town of Perrysburg to said railroad company. SEO. 6. This act shall take effect immediately after its passage.
JAMES R. HUBBELL, Speaker of the House of Representatives.
President of the Senate. March 28, 1862.
To amend an act entitled "an act to amend an act to establish the Miami University, passed
February 17, 1809, and for other purposes," passed March 22, 1837. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections three and four of an act entitled “an act to amend an act to establish the Miami University, passed February 17, 1809, and for other purposes," passed March 22, 1837, be and the same are hereby amended so as to read as follows :
Sec. 3. That in all cases where the original tracts or lots beretofore leased, or which
may hereafter be leased by the trustees of said university, have been or shall be sub-divided by the lessees or their assigpees, and are now, or may
be held by two or more occupants, whether lessees or assignees, or both, said occupants, by application to the proper officer, whose duty it is to keep the books or records of said lands, may have their lots or sub-divisions so held by them, entered separately on the books of said corporation, upon such terms and conditions as to rent and otherwise, as may be agreed upon between them and the trustees of said university; and thereafter the amount of rent so fixed upon each sub-division, shall be levied in the name of the owner or occupant thereof, and shall be collected in the same manner, and each sub-division shall be subject to the same liens and restrictions that are now imposed by law on entire lots or tracts of land, the leases for which had been granted in conformity with the provisions
of "an act to establish the Miami University," passed February 17, 1809: Provided, that no such entry or transfer shall be made except upon application of all the parties concerned in such sub-division; and, provided, further, that the expense of such entry and transfer shall first be paid by the persons making application for the same : and, provided, further, that the trustees in making such sub-divisions shall not be bound to apportion among them the original rent, but may increase the same, and shall in no case agree to a rent of less than one dollar per annum for any sub-division.
Sec. 4. That the officer whose duty it may be to make the transfers aforesaid, shall be entitled to demand and receive the sum of twenty-five cents for each and every entry and transfer upon the books of said corporation, which may be made at the instance of the owners or occupants, under the provisions of the third section of this act.
Sec. 2. That original sections three and four of said act, passed March 22, 1837, found in vol. 35 Local Laws of Ohio, page 303, be and the same are hereby repealed.. Sec. 3. This act to take effect from and after its passage.
JAMES R HUBBELL, Speaker of the House of Representatives.
President of the Senate. March 28, 1862.
To authorize the city of Cleveland to fund certain railroad stocks. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the city of Cleveland, for the purpose of paying the money heretofore borrowed, and now owing by said city for the erection of water-works, and as the same shall become due, is hereby authorized to create a sinking fund, and for this purpose is hereby empowered to appropriate to such fund all the railroad stocks, shares and bonds, or the proceeds thereof, and any assets growing out of the same, now in the hands of The city commissioners, now held and owned by said city, and the interest and dividends hereafter to accrue on the same, which fund thus formed, after defraying the necessary expenses of the trust hereby created, shall be set apart exclusively for the payment of the principal of the water-works' bonds heretofore issued by said city, in conformity with the provisions of article 6th of the terms of annexation between the city of Cleveland and the city of Ohio, agreed upon by the commissioners of said cities on the 5th day of June, A. D., 1854; and shall be used for no other purpose whatever; and said stocks, shares and bonds, and the accruing interest and dividends on the same so forming said fund, shall be placed in the custody and under the control of five commissioners hereinafter named and called the “sinking fund commissioners," whose duty it shall be to take charge, custody, and control of the same, and manage the same as hereinafter provided.
Sec. 2. That said commissioners shall keep an accurate register of all such stocks, shares, bonds, and moneys in books prepared for such purpose, showing the dates, numbers and amounts thereof, the corporation or corporations in which the same are invested, or from whom payable, the time when payable, the annual or semi-annual interest or dividends accruing on the same, and when said interests or dividends are payable, and when the same is paid, and all such other matters and things as will fully show the true amount and condition of said fund, which said register shall at all times be open for inspection and examination by the mayor or auditor of said city. It shall be the further duty of said commissioners to make a full and accurate report of the condition and amount of said fund annually to the said city council on the first Tuesday of April in each year.
Sec. 3. That the said commissioners shall collect and receive all sums of interest and dividends accruing and declared on said stocks, shares, bonds and moneys, as the same shall become due, and shall immediately invest the same in safe and reliable stocks or bonds, or loan the same upon adequate real estate security on such time as to them shall seem proper, as they in their judgment shall deem for the best interest of the city.
Said commissioners shall have authority, and it is made their duty to vote on all stocks in their hands, at any meeting of stockholders of any corporation in which said stocks may be held.
Sec. 4. The said commissioners, by and with the consent of the city council first obtained, shall have power and authority at any time to sell and dispose of any of said stocks, shares and bonds for cash, and to invest the proceeds thereof in other stocks, or in such other manner as they shall consider to be for the interest of the city, and shall, when the aforesaid water-works' debt shall become due, or any part thereof, sell such stocks, shares and bonds, or such portion as may be necessary, for cash, and apply the proceeds thereof in payment of the said water-works' debt, as contemplated by section one of this act.
SEC. 5. That Henry B. Payne, Franklin T. Backus, William Case, Moses Kelly, and William Bingham, and their successors, are hereby constituted commis. sioners under this act, and in case of vacancy, by reason of death, resignation, removal from the county, or any other cause, (exceptiog removal from office by the court of common pleas as hereinafter provided) ihe remaining commissioners shall appoint a suitable person to fill such vacancy, and shall give to him a cer. tificate in writing of such appointment, subject to the approval of the city council, and upon such approval he shall thereupon be invested with the same powers and be subject to the same duties, and shall give the same bond as herein provided as if originally appointed by this act. The said commissioners and their successors, each for himself, shall severally execute good and sufficient bonds, with one or more sureties, to be approved by the mayor, and payable to the city of Cleveland, in such a sum as the mayor may, from time to time, determine, conditioned that he shall faithfully account for and appropriate any stocks, shares, bonds, or moneys arising or accruing on the same which shall by the authority of this act come into the hands of the obligor in such bond, and shall in all respects discharge his duty as such commissioner.
Sec. 6. The court of common pleas in and for Cuyaboga county, shall have power at any time on the application of the city council, and on good cause shown by affidavit of malfeasance, misconduct, or neglect of duty on tue part of any of said commissioners to issue a citation to him or them requiring him or them to appear before said court at such time and place as said court may direct, to answer such charges as may be preferred against him or them, and upo a investigation of such charges and finding the same to be true and well sustained and of suflicient cause for the removal of such commissioner or commissioners, said court shall thereupon remove said commissioner or commissioners, and shall have power and it is hereby made the duty of said court to appoint some other suitable person or persons to fill the vacancy or vacancies thus created, which appointee or appointees shall have the same power and be liable to the same duties and obligations as the commissioners named in this act.
Sec. 7. Suid commissioners shall receive no salary or compensation for their services beyond the necessary expenses incurred by them in the discharge of their duties under this act.
Sec. 8. That the commissioners named and provided for in the act of Febru. ary 18th, 1851, entitled an act to authorize the city of Cleveland to subscribe to the capital stock of the Cleveland, Painesville and Ashtabula railroad company, and the commissioners named and provided for in the act of February 24, 1846, entitled an act authorizing the city of Cleveland to subscribe to the capital stock of the Cleveland, Columbus and Ciocianati railroad company, and the commissioners named and provided for in the act of February 16, 1849, entitled an act authorizing the city of Cleveland to subscribe to the capital stock of the Cleveland and Pittsburgh railroad company, and for other purposes, are hereby authorized and required to transfer to the commissioners provided for in this act, all of the stocks, shares, bonds, credits and moneys and other assets which are in the hands of either of said board of commissioners owned by said city. SEO. 9. This act to take effect and be in force on and after its
passage. JAMES R. HUBBELL, Speaker of the House of Representatives.
President of the Senate. March 28, 1862.
To provide for the sale of school lands belonging to fractional township one, in the first frac
tional range in the Miami purchase, WHEREAS, Fractional township one, of the first fractional range of townships in the Miami purchase, is entitled to a quarter section of school lands situated in Darke county, the value of which is being injured by trespassers thereon; and as there is not now, and probably will not be, in said fractional township, within a reasonable period of time, twenty electors, so that trustees can or could be elected to take charge of such school lands, as provided by the act of June 1, 1831 (Swan & Critchfield's Statutes, page 1577); it is therefore enacted as follows, to wit:
SECTION 1, Be it enacted by the General Assembly of the State of Ohio, That the board of education of Miami township, Hamilton county (within which fractional township number one of the first fractional range in the Miami purchase is situated), is hereby authorized to make sale of any school lands belonging to said fractional township, situated in Darke county, as now provided by the act of April 16, 1852, entitled “an act to regulate the sale of school lands,” &c., if in the judgment of said board it will be for the interest of the public schools within said fractional section: Provided, the proceeds of any sale of said lands shall be invested, and the interest therein disposed of, for the benefit of said fractional township, as now provided by law. SEO. 2. This act shall take effect from and after its
JAMES Ř. HUBBELL, Speaker of the House of Representatives.
President of the Senate. April 3, 1862
To amend section 2 of an act passed March 26, 1859, entitled " an act to provide for the regu.
lation and support of common schools in the city of Cleveland.” Section 1. Be it enacted by the General Assembly of the State of Ohio, That the second section of an act passed March 26, 1859, entitled “an act to provide for the regulation and support of common schools in the city of Cleveland,” be so amended as to read as follows:
Sec. 2. That the qualified electors of each ward within the said city of Cleveland shall, at their next annual election, on the first Monday in April, 1862, by plurality of votes, elect one judicious and competent person, who shall at the time be a qualified voter in such ward, to be a manager of schools; and one-half of the number of said persons, so elected, shall hold their office for two years, and the remaining half, including one additional member if there be an odd number, shall hold their office for one year, to be determined by lot, to be drawn by the members elect, at the first regular meeting of the board after their election; and said persons, so elected, shall constitute and be known as tbe board of education for the city of Cleveland ; and at all subsequent annual elections in said city, in all such wards in which the term of office of the member of the board of education has expired, there shall be elected to said board a suitable person, having the qualifications aforesaid, who shall hold his office for the term of two years; and the present board, and all members of the board elected as aforesaid, shall continue in office until their successors are duly elected and qualified.
That said original section two be and the same is hereby repealed, and this act to take effect and be in force from and after its passage
JAMES R. HÚBBELL, Speaker of the House of Representatives.
JAMES MONROE, April 4, 1862.
President pro tem. of the Senate.
For the relief of Capt. Philip Miller. WHEREAS, Captain Philip Miller, in command of company E, 2d regiment Ohio volunteers, in the three months' service, volunteered, and with his company was ordered to Harrisburg, Pa., where he became insane, and was confined in the lunatic asylum, and remained unfit for service with his company; AND WHEREAS, in his absence from his coinpany, another person was commissioned and drew the pay of captain for the entire term of service ; it is therefore enacted as follows, to wit:
SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the auditor of state be and he is hereby directed to draw his warrant on the treasurer of state, in favor of Captain Philip Miller, late of company E (Lafayette Guards) of the 2d regiment of Ohio volunteers, in the three months' service, for the sum of two hundred and eighty.eight dollars, being for three months' pay as captain, with rations; to be paid out of any moneys that may remain in the treasury, appropriated for the protection of the general government, and that a proper voucher shall be taken therefor by the said auditor, for the purpose of asking the repayment of said money from the general government. Sec. 2. This act to take effect on its passage.
JAMES R. HUBBELL, Speaker of the House of Representatives.
JAMES MONROE, April 10, 1862.
President pro tem, of the Senate. 9--LAWS.