Contract made under any of their provisions; but the same pro ceedings shall be had in relation to any such lease or contract, as it said acts were not repealed. This act to take effect and be in force from and after the first day of June next. JAMES M. BELL, Speaker of the House of Representatives. SAMUEL R. MILLER, March 14, 1831. Speaker of the Benate. AN ACT establishing Seats of Justice. commis Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That for each new county heretofore established, or Three which may be established during the present, or any future ses sioners to be ap sion of the Legislature, three commissioners shall be appointed pointed by a resolution of both branches of the Legislature, whose duty it shall be to examine and determine what part of said county, so established, is the most eligible for the establishment of a seat of justice within the said county; and it shall be the duty of the secretary of State immediately to notify the persons of their several appointments. Sec. 2. That no person residing within the county so es- Who shall be ell tablished, or holding any real property therein, or who has not gible arrived to the age of twenty five years, and no person who has not been a resident within the State one year, shall be eligible as a commissioner. Sec. 3. That the commissioners, or any two of them, within To assemble vir sixty days after the notification of their appointment, shall as-sixty days semble at some convenient place in that county, where the seat of justice is to be established, giving twenty days' notice, pub- Nottee lished in some newspaper printed or circulated in said county, or by having the same posted up in three of the most public places therein, notifying the inhabitants thereof of the time, place and purport of their meeting; and the said commissioners, when assembled, after having taken an oath or affimation, To be sworn before a magistrate or some other person legally authorized to administer oaths, to faithfully discharge the duties assigned them by this act, shall proceed to examine and select the most proper place as a seat of justice, as near the center of the coun ty as possib, paying regard to the situation, exten of population, and quality of land. together with the convenience and interest of the inhabitants. common pleas Sec. 4. That the commissioners, after having agreed upon To make report the place for the seat of justice, shall make report thereof to to next court of the next court of common pleas in held in aid ounty, if the same shall have been organized; bat if the conaty shall P Director may be appotated Powers Broviso not have been organized, then to the court of common pleas of any county to which such new county, or any part thereof, may be attached for judicial purposes: and if no town has been previously laid off, at the place agreed on by the commissioners, the court shall appoint a director, who, after giving sufficient security for his faithful performance, shall be fully authorized to purchase the land of the proprietor or proprietors for the use of the county; but in no case shall he be authorized to give a greater sum per acre than the price stipulated by the commissioners who selected the site; and proceed to lay off said land into lots, streets and alleys, under such regulations as the court may prescribe: and the said director is hereby further authorized to dispose of the said lots, either at public or private sale, as the court may direct, and to make a legal conveyance of the same, in fee simple, to the purchaser: Provided always, That the lands thus purchased and laid off into lots, shall not exceed se. ven hundred acres. Sec. 5. That the first proceeds of the sale of said lots, shall How proceeds of be applied to the payment of the land, and defraying the ne. cessary expenses of laving off the lots; and the residue of the money shall be paid into the county treasury. sale shall be ap. plied attached for not ney Sec. 6. That if any director appointed by virtue of this act, Director may be shall refuse to pay into the county treasury any money that paying over mo may be in his hands, arising from the sale of lots, on demand of the county treasurer, it shall be the duty of the court of com. mon pleas, en application of the county treasurer, to proceed in a summary manner, on thirty days' notice being given, to order such director to pay over any moneys in his hands; and the court of common pleas is hereby authorized to enforce any or der they may make in the premises, by attaching the person of such director, or issuing execution, as in other cases: Provided, That said director shall, in all cases, on the payment of any money into the county treasury, in pursuance of this act, take duplicate receipts therefor; one of which he shall deposit with the county auditor of the county, who shall charge the treasur er therewith. Proviso If title is bad, another spot inay be selected Bribery in com missioners pun ished Sec. 7. That if the land agreed on by the commissioners cannot be purchased at the price limited, or if a good and legal title in fee simple cannot he obtained, the commissioners shall forthwith select the next most eligible place for the seat of jus tice. Ser. 8. That if any commissioner shall receive money, or any species of property, as a bribe, either directly or indirectly, in the execution of his office, he shall, on conviction before any court having jurisdiction thereof, torte it and pay a sum not exceeding one thousand, nor less than three hundred dollars, for the use of the county, together with costs of suit. Sec. 9. That each commissioner, appointed for the purpose Compensation to of establishing seats of justice, -hall receive the sum of three dollars for each day he may be employed in discharging the de Commissioners ties required of him by the provisions of this act, to be paid out of the treasury of the county where said proceedings shall be returned, and to which the said new county is attached; the amount of which, with the interest thereon, shall be refunded by the new county so soon as the same shall be organized, unless otherwise provided by law: and each director appointed, Director. how shall be paid such compensation as the court of common pleas paid of the new county shall allow. cancy common Sec. 10. That it shall be lawful for any of the courts of Court common pleas within this State, whenever they may deem it pleas may fill va necessary, when there shall be a vacancy in the office of director for any town within this State, occasioned either by death, removal, resignation or otherwise, to appoint for the towns in their proper counties a director, from time to time, to fill such vacancy, in the sanie manner, and under the same regulations, as herein before prescribed. Sec. 11. That the act, entitled "An act establishing seats Acts repealed of justice," passed January eleventh, eighteen hundred and twenty; and the act to amend the act, entitled "An act estab lishing seats of justice," passed January fifth, eighteen hundred and twenty-two; and the "Act to amend the act establishing seats of justice,' passed January twenty seventh, eighteen hundred and twenty three; be, and the same are hereby repealed. JOSEPH RICHARDSON, ALLEN TRIMBLE, February 3, 1824. Speaker of the Senate. AN ACT for ascertaining the boundaries of counties. commissioners to surveyor Sec. 1. Be it enacted by the General Assembly of the State of Order to issue by Ohio, That whenever it shall appear to the commissioners of any county, that the boundary lines of the county are not suffi ciently ascertained, it is hereby made the duty of the commissioners to issue their order to the surveyor of the county, requiring him to ascertain and survey such line or lines. Sec. 2. That it shall be the duty of the commissioners of Commissioners any county, where the county line or lines are to be run, to to give notice te those of adjoin give notice to the board of commissioners of the county or ing county Counties adjacent, declaring their intention of running the line or lines of said county; and said commissioners, receiving such notice, shall, if they think proper, order the county surveyor of such county to proceed and run such lines with the surveyor or surveyors of the adjoining county or counties, at such time and in such manner as shall be fixed upon by the commissioners of said counties. Surveyor to make return to clerk Sec. 3. That each county survey or shall forthwith make out a return of such survey to the clerk of his respective county, whose duty it shall be to make record thereof. Sec. 4. That the county surveyors shall receive for their Surveyor's com- services, done conformable to the directions of this act, such pensation Effect compensation as may be allowed by the commissioners of the county to which each surveyor respectively belongs; to be paid out of the county treasury, on the commissioners' order. This act shall take effect and be in force from and after the passage thereof. December 29, 1904. MICHAEL BALDWIN, Speaker of the House of Representatives. Speaker pro tem. of the Senate. vided and appro priated AN ACT providing how money shall be appropriated in counties or districts attached, and for the division of the money remaining in the trea sury of the county or counties from which a new county may be laid off. Sec. 1. Be it enacted by the General Assembly of the State of Money how di Ohio, That when any tract or district shall be laid off into a new county, and shall remain, or be attached to, or made a part of an organized county, for the purpose of enjoying county privileges, the tax arising from land and personal property within the organized county, and county or district attached, shall be appropriated in the following manner, to wit: the expenses of the county shall first be paid from the whole tax, except appropriations made for roads, bridges or public buildings within the original organized county; then the remainder of the tax on land and personal property shall be divided according to the quantity of land and personal property within the organized county, and the county or district attached, from which the tax was paid; and the commissioners shall appropriate the proportion or part belonging to the county or district attached within the same, for the purpose of making roads, bridges or public buildings. have money in treasury accord taxable proper. ty, etc. Sec. 2. That when any new county shall be laid off and New counties to organized, the money which shall remain in the treasury of the county or counties from which the new county was taken, ing to land and after deducting all just debts and demands which were due or owing at the time of setting off the new county, except such debts as shall have been contracted for public buildings in the old county, shall be divided according to the land and other taxable property within the new county, and the county or counties from which the new county was taken, from which the tax was paid: and the treasurer of the new county is hereby authorized to call on the treasurer or treasurers of the county or counties, from which the new county was taken; and the treasurer or treasurers are hereby required to pay over the same, according to the proportion before mentioned: Provided, however, No moneys donated or given to said county by individuals, for erection of public buildings or other purposes, or moneys received as clear pront, on the sale of county town lots, the property of said old counties, shall be subject to such division, but shall be and remain the property of said old counties. Provisp settle and give Sec. 3. That it is hereby made the duty of the commis- Commissioner sioners of any new county heretofore laid off, or that may here- of old county to after be laid off and organized, from one or more counties, to an order to thos call on the commissioners of the county or counties from which of new such new county was taken, for a settlement of the money which shall remain in the treasury of the said county or counties: and the commissioners of such old county or counties, are hereby ordered and directed, when called on by the commissioners of such new county, to settle with them, within three months thereafter, and give an order on the old county treasury, in favor of the new county treasurer, for the amount of money due such new county, agreeable to the provisions of the second section of this act; and the old county treasurer is hereby ordered and directed to pay the same to the treasurer of such new erected county as aforesaid. etc, way be at Sec. 4. That if the commissioners of such old county shall Commissioners refuse or neglect to settle with the commissioners of such new of old counties county, and give them an order on their treasurer for the refusing to settle amount as aforesaid, when called on; then, and in that case, it tached shall be the duty of the court of common pleas of the old county, upon the application of the commissioners of the new county, to proceed in a summary manner, upon notice, to compel the commissioners of such old county to make such settlement, and give such order: and the court of common pleas shall enforce any order they may make in the premises, by attaching the persons of the commissioners of the old county, until such order is complied with, and the costs of the application paid. Orders, how to Sec. 5. That if there be not money in the treasury of the old county, to pay the before mentioned order when presented, it be paid shall be the duty of the treasurer of said county to pay the order out of the first money received by him for county purposes. Sec. 6. That the act, entitled "An act, providing how mo ney shall be appropriated, in counties or districts attached, Act repealed and for the division of the money remaining in the treasury, from which a new county may be laid off," passed December 29th, 1809; and an act to amend the act aforesaid, passed January the 25th, 1819; be, and the same are hereby repealed. This act to take effect and be in force from and after the first day of June next. January 11, 1820. JOSEPH RICHARDSON, Speaker of the Senate. Effect |