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AN ACT

For the relief of Jonas Monger.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the county commissioners of the county of Fulton, to transfer and assign to Jonas Monger, of said county, a certain judgment recovered by said commissioners against one James S. Riddle, in the court of common pleas of said county, or such part thereof as may remain after satisfying the costs accruing in the prosecution of the case against Charles Monger, and such assigment shall vest in said Jonas Monger full power to collect the said judgment, or the portion thereof so assigned, as if the same had been originally rendered in his favor: Provided, that in case said judgment shall have been paid by said James S. Riddle, then said commissioners may pay over the proceeds thereof, or such part and so much of the same as in their opinion shall be just and expedient, to the said Jonas Monger, and may grant any other relief to the said Jonas Monger which they may deem proper, not exceeding the amount of said Riddle judgment. SEC. 2. This act shall take effect upon its passage.

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

April 10, 1862.

President

pro tem. of the Senate.

AN ACT

To authorize the city of Mansfield to dispose of certain real estate belonging to said city. WHEREAS, The city of Mansfield, in Richland county, Ohio, is possessed of a certain tract of land, marked "D" upon the original plat of the town (now city) of Mansfield, now on record in the recorder's office of said county, and said tract was set apart by the original proprietors of said town (now city) as a burial ground for the use of said town, and said tract having been so used until a few years since; and

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WHEREAS, By the ordinances of said city, said ground can no longer be used as a burial ground, and a large proportion of the bodies formerly interred therein have been removed by their friends; and

WHEREAS, The owners of the reversionary interest in said parcel of ground have deeded the same to said city; therefore,

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the city council of said city of Mansfield, two-thirds of the members thereof concurring, be and they are hereby authorized to subdivide into building lots, and to sell and convey, lease, or exchange for other real estate, the lot or parcel of ground. in the preamble of this act described; and, in their discretion, to apply the proceeds of said sale, lease, or exchange, for the benefit of said city.

SEC. 2. That before said parcel of ground, or any subdivision thereof, shall be sold, leased, or exchanged, as above authorized, at least thirty days' notice shall be given to all persons interested, of the intention to remove the bodies interred from said lot, which notice shall be given by publishing in two newspapers published in said city, during said period of thirty days; and after giving said notice for said thirty days, said city council shall cause the bodies of all persons buried in said ground, and not removed by their friends, to be carefully disinterred, and reinterred in a decent and proper manner in some cemetery in the neighborhood

of said city; and all monuments and tombstones erected to their memory shall be likewise removed, and again set up over the remains in the new place of interment. SEC. 3. This act shall take effect and be in force on and after its passage.

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

President pro tem. of the Senate.

April 14, 1862.

AN ACT

Regulating ministerial section number 29, in Delhi township, Hamilton county.

WHEREAS, By reason of the lessees of part of the ministerial section in Delhi township, Hamilton county, having refused to pay the rents reserved therein, together with the taxes due the state, and the sub-lessees having paid portions of such rents and taxes, and as a re-entry by the trustees upon such leased premises and the sale thereof, as provided by section 12 of the act of June 1, 1831, (Swan & Critchfield's Statutes, page 1580,) would impose great hardships upon those sub lessees who have paid rents and taxes thereon; it is therefore enacted as follows, to wit:

SECTION. 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of the original section 29, in Delhi township, Hamilton county, be and they are hereby authorized, in addition to any remedy now provided by law for the collection of rents, to commence in any court having jurisdiction thereof, proceedings in the nature of a foreclosure of mortgage, against any lessee of any of the ministerial lands within said township, or their heirs or assigns, to which proceedings any sub-lessee thereof, and any other person claiming or having any interest therein, shall be made parties.

SEC. 2. That in any such proceedings the court shall find the amount due for rents upon any original lease of said section, and declare the same a lien on said lease hold estate, and may order the entire lease-hold estate to be sold; but where any sub-lessee has paid rents upon any particular part of any such lease, or may before sale pay such rents as may be found due on the whole or any part of such lease-hold premises, the court may exempt such parts of the lease-hold estate from sale, and such court may order a sub division of any of such leased premises, or authorize said trustees to make such sub-divisions, and order the lease-hold estate therein to be appraised and sold in parcels as sub-divided, and apportion the rents reserved between the different parcels ordered to be sold, as to them shall seem just and equitable: Provided, the terms of sale shall be one third cash, and the balance in one and two years credit, with six per cent. per annum interest upon deferred payments, to be secured by note and mortgage upon the lease-hold estate so sold.

SEC. 3. That said trustees be and they are hereby authorized to agree in writing with the original lessees of any part of said section, or their heirs or assigns, to apportion the rents reserved therein to separate parts of such lease-hold, so that each sub-lessee, their heirs or assigns, can pay the amount of rents apportioned to his or their share of such premises, and each separate part of such lease-hold estate shall be held for the rents apportioned thereto, and no more: Provided, that in such apportioning of rents, all parties in interest shall agree thereto, and thereupon the original lease shall be surrendered and cancelled, and in all cases where new leases shall be executed, said trustees shall require good and sufficient security upon the lease-hold estate so sub-divided, by lien thereon, for the

payment of the rents reserved, and that all reasonable expenses attending such apportioning of rents and execution of leases shall be paid by such lessees.

SEC. 4. That this act shall take effect on the passage thereof, and that the act of March 3, 1834, printed in vol. 32 local laws of Ohio, page 364, in relation to said section, be and the same is hereby repealed, saving, nevertheless, all rights accrued or liabilities incurred under the provisions of said act.

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

President pro tem. of the Senate.

April 16, 1862.

AN ACT

To authorize the sale of school lands belonging to fractional township one, of range two, in the county of Belmont.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of education of Mead township, in Belmont county, are hereby authorized to sell any school lands situate in the southwest quarter of section 22, township 4, range 3, in said township, and to apply the proceeds of such sale for the use and support of common schools in fractional township one, of range two, in Mead township, aforesaid, in accordance with the provisions of an act entitled " an act to regulate the sale of school lands, and the surrender of permanent leases thereto," passed April 16, 1852, and the acts amendatory of the same. SEC. 2. This act shall take effect upon its passage.

JAMES R. HUBBELL,

Speaker of the House of Representatives.
JAMES MONROE,
President pro tem. of the Senate.

Passed April 19, 1862.

AN ACT

For the relief of the Marietta and National Road Plank Road Company, and especially the creditors thereof.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the receiver of the Marietta and national road plank road company, heretofore appointed, or such receiver thereof as may be hereafter appointed by the court of common pleas of the county of Washington, (at the suit of creditors of the said company, against the same,) be and he hereby is authorized to demand, receive and collect, in person or by his agents or appointees therefor, from all travelers and transportation over the bridges of the said company, namely: that over the main Duck Creek at "Cedar Narrows," and that over the eastern branch thereof near Salem Village," such tolls as the commissioners of Washington county shall allow and prescribe to be taken; and that the said receiver, as such, or in the name of the said company, be authorized to use and be invested with all the legal means and remedies which the said company is, by law, authorized to employ for the collection of tolls, and to prevent or punish any evasion of the payment of tolls, and all the like lawful means for protecting the said bridges from trespass upon or injury of

the same, as effectually as if the said company had fully complied with all terms and conditions of their charter and the laws relating to the same, and the receiver is hereby authorized, for the benefit of the parties interested therein, to cause the said bridges to be insured against loss, and to renew insurances thereof, from time to time, till the purposes hereby provided for shall be attained.

SEC 2. That the tolls hereby provided to be collected and received shall be applied, first, to the expenses of collecting and receiving the same; secondly, to the necessary and proper repairs and maintenance of the said bridges; thirdly, to the payment of any legal costs of the said creditors' suit against the said company, and to the payment of interest, pro rata, upon the loan and debts of the said company, exclusive of original stock; and fourthly, to the reduction and payment, in like manner, from time to time, as moneys therefor shall accrue, of the principal of the said loans and debts, exclusive of original stock, as aforesaid.

SEC. 3. This grant of relief (for the benefit of the creditors of said company) is made upon the conditions that, when the same shall go into practical effect, the parts of the road, other than the said bridges and their approaches and the proper and necessary appliances for the collection of tolls and the accommodation of the toll-keepers, and excepting any parcel or parcels of land of the company not part or parts of the road, shall be by the said company surrendered and passed over to the county commissioners as a public highway, under the proper and lawful authorities and officials of the county, and that when the said debts, expenses and costs shall have been fully paid and satisfied, exclusive of original stock, the said bridges shall, in like manner, be by the company or the receiver surrended and delivered over to the commissioners of Washington county for general use, as public county bridges.

JAMES R. HUBBELL,

Speaker of the House of Representatives.
JAMES MONROE,

President pro tem. of the Senate.

April 21, 1862.

AN ACT

To extend the time of the payment for the school lands in Wyandot county.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That a further period of six years from and after the day the respective installments have or may become due from the purchasers of the school lands in Wyandot county, be and the same is hereby given for the payment of the principal of the purchase money: Provided, that the interest and taxes accruing thereon shall be punctually paid as the same become due, according to law; and provided further, that the auditor of said county of Wyandot may require additional security for the payment of the arrears of principal and interest, if, in his opinion, the public safety demands it. SEC. 2. This act to take effect and be in force from and after its passage.

JAMES R. HUBBELL,

Speaker of the House of Representatives.

JAMES MONROE,

President pro tem. of the Senate.

April 21, 1862.

AN ACT

To amend an act entitled "an act to incorporate the Trustees of the Protestant University of the United States," passed March 10, 1845.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section five of an act entitled "an act to incorporate the trustees of the Protestant University of the United States," passed March 10, 1845, be and the same is hereby amended so as to read as follows:

Sec. 5. That said corporation shall not, at any time, consist of more than twenty members, nor less than ten; of these, five shall be a board for the transaction of all business, except the removal of the chancellor from office, which shall not be effected without the vote of at least two-thirds of all the trustees of the university. SEC. 2 That original section five of said act passed March 10, 1845, found in volume 43, Laws of Ohio, page 338, be and the same is hereby repealed. SEC 3. This act shall take effect from and after its passage.

JAMES R. HUBBELL,

Speaker of the House of Representatives.
JAMES MONROE,

President pro tem. of the Senate.

April 23, 1862.

AN ACT

To amend an act entitled "an act to authorize the trustees of Newberry township, in Miami county, to sue for certain mc neys loaned by their predecessors to certain individuals," passed April 8, 1861.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the act aforesaid be and the same is hereby amended to read as follows: That the trustees of Newberry township, in Miami county, Ohio, are hereby authorized to ratify and confirm as valid the act of their predecessors in office, whereby, on the 1st day of April, 1857, they lent to Charles Patty and James Campbell one thousand dollars, belonging to said township, which had been collected for the purpose of paying interest on certain bonds issued by said township, to aid in the construction of the Columbus, Piqua and Indiana railway, ard to bring suit on the notes made by the said Charles Patty and James Campbell for the payment of the sum so by them borrowed as aforesaid, as the said trustees might do if the loan aforesaid bad been made by authority of law.

SRC. 2. 1hat the first and second sections of the original act aforesaid be repealed, and that this act shall take effect from and after its passage.

JAMES R. HUBBELL,
Speaker of the House of Representatives.
B. STANTON,
President of the Senate.

April 29, 1862.

AN ACT

To extend the time of the payment for the school lands in Mercer county.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That a further period of six years from and after the day the respective installments bave, or may become due from the purchasers of the school lands in Mercer county, be and the same is hereby given for the payment of the principal of the

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