AN ACT For the protection of rail roads. Penalty for inju Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That every person who shall wilfully with malicious ring or obstructintent remove, break, displace, throw down or destroy any ing rail roads. iron, wooden or other rail, or any branches or branch ways, any part of the tracks, or any bridge, viaduct, culvert, embankment, parapet or other fixture, or any part thereof attached to or connected with such tracks of any rail road in this state now in operation or which shall hereafter be put in operation, or who shall wilfully, with like malicious intent, place any obstructions upon the rails or tracks of such rail road, or shall draw any wagon, carriage, cart, or other vehicle along, on or between the rails or tracks of such road without the knowledge and consent of the company owning or controlling the same, shall, on conviction, be punished by imprisonment in the penitentiary not exceeding three years nor less than one year: Provided however, That if any person shall by the commission of either of the aforesaid offences occasion the death of any person or persons the person so effending shall be deemed guilty of murder in the first or second degree, or manslaughter, according to the nature of the offence, and on conviction thereof shall be punished as in other cases for the like offence, any thing in this act to the contrary notwithstanding. Proviso. Proviso. Sec. 2. That all acts and parts of acts coming within the Acts repealed. purview of this act, be and the same are hereby repealed: Provided, That nothing in this act shall be so construed as to deprive any rail road company or companies of any action for damages for any injury done to said rail road or rail roads as may be provided for by their respective charters or otherwise. JAS. J. FARAN, Speaker of the House of Representatives. Speaker of the Senate. March 18, 1839. AN ACT For the disposition of unclaimed costs. of the courts of Sec. 1. Be it enacted by the General Assembly of the State of Sheriffs to pay Ohio, That the sheriff of each county shall pay to the clerk of over to the clks the court of common pleas of his said county, all costs collected, common pleas or which may hereafter be collected by such sheriff or his all costs by them deputies, except when the same are collected upon process out collected, etc. Exceptions. Clerks of com mon pleas, supreme and su perior courts to make out lists of causes, etc. List to be posted пр. Fecs, &c, remaining in of the supreme court, or out of the court of common pleas or supreme court of some other county, or out of some superior court, in which cases the sheriff shall pay the same to the clerk of the court from which the process issued: but nothing herein contained shall prevent a sheriff from paying cost to parties entitled thereto. Sec. 2. The clerk of each court of common pleas, supreme or superior court within this state shall on the first Monday of January in each and every year hereafter, make out two certified lists of all causes in which money may have been paid and which may have remained in his hands or the hands of any former clerk for a period of one year next preceding the first Monday of January, designating the amount and in whose hands the same is, one of which lists shall be by said clerk set up in some conspicuous place in his office, and the other on the door of the court house on the first day of the term next after the first day of January. Sec. 3. All such advertised fees or costs, debt or damages as shall remain in the hands of the clerk, or former clerk, at hands of clks 1 the expiration of one year from the first day of the term at year after being which the said certified list shall be set up on the door of the shall be paid court house, shall be by the said clerks paid over to the treaover to county surer of the county; and any person entitled to any costs or so posted up, treasurer. Compensation. fees, debt or damages so paid over, shall be entitled to an order for the same upon the county treasury upon the certificate of the clerk by whom they have been paid over, or his successor in office. Sec. 4. For performing the services required of him under this act, the clerk shall be entitled to such compensation as the court of which he is clerk may approve. JAS. J. FARAN, Speaker of the Senate. March 18, 1839. Lessees of lowed further time to surren AN ACT For the relief of holders of leases on section sixteen. Sec. 1. Be it enacted by the General Assembly of the State of school lands al Ohio, That all lessees, assignees, and others, holders of leases for ninety-nine years renewable forever, for school lands, be and they are hereby allowed the further time of one year to to certificate of Surrender their leases; and shall be entitled to receive from purchase upon the auditor of the county wherein such lands are situated a ed value there certificate of purchase by paying therefor the appraised value paying apprais. of, etc. mon pleas to appoint appraisers. of such lands which shall be assessed between the months of February and November in the year 1839, by three disinter- Court of comested freeholders under oath, to be appointed by the court of common pleas of the county wherein such land is situated; such appraisement to be made at the value of the land in Duties defined. money at the time of making the same, without reference to the improvements, together with all rents which may be due upon such leases up to the time of surrendering the same agreeably to the provisions of the seventh section of the act entitled An act to provide for the sale of section sixteen granted by Congress for the use of schools, passed January 29, 1827. Compensation Sec. 2. The freeholders appointed to make such valuation shall each receive one dollar per day for their services, to be of appraisers. paid by the lessee, assignee or leaseholder requiring their services. Sec. 3. So much of the act of March 6, 1838, entitled An Acts repealed. act to amend an act to provide for the sale of section sixteen granted by congress for the use of schools, passed January 29, 1827, as is inconsistent with the provisions of this act, be and the same is hereby repealed; and the sixth and seventh sec- 6th and 7th sections of the act to provide for the sale of section sixteen grant- to provide for ed by congress for the use of schools, passed January 29, 1827, sale of sec. 16, are hereby revived, so far as is necessary to carry into effect the provisions of the first section of this act, according to the true intent and meaning thereof and no further. tions of the act etc, revived. March 18, 1839. AN ACT To punish betting on elections, and for other purposes. Persons betting or coercion to Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That if any person shall make any bet or wager upon on elections, &c, the event of any election held or to be held under the laws of or using threats this state, or shall make any bet or wager upon the election procure votes, of any person to any office, post or situation, which by the how punished constitution or laws of this state is made elective, or shall make any bet or wager upon the election of president or vice president of the United States, or upon the election of electors of president and vice president of the United States, or if any person shall use any threat or coercion to procure any voter in his employ, as clerk, journeyman, agent or otherwise, to vote contrary to the inclination of such clerk, journeyman, agent or other hireling, each person so offending shall, upon conviction Prosecutions un be by indictment etc. thereof, be fined in any sum not less than five dollars, nor more than five hundred dollars: Provided, That the amount of said fine shall in all cases in which the amount hazarded by said bet is between five dollars and five hundred dollars, be equal to the amount so hazarded by said bet. Sec. 2. Prosecutions under this act shall be by indictment der this act to in the court of common pleas of the proper county, and all fines collected under the same shall be paid into the treasury of the county in which the prosecution is held, for the use of common schools. Sec. 3. Prosecutions under this act shall be commenced Limitation of within one year from the time such offence shall have been committed, and not afterwards. action. This act to be to grand jury. Sec. 4. This act shal! be given specially in charge to the grand jury at each term of the court of common pleas, by the presiding judge thereof. This act shall take effect and be in force from and after the first day of June next. JAS. J. FARAN, Speaker of the House of Representatives. Speaker of the Senate. March 18, 1839. SECRETARY OF STATE'S OFFICE, Columbus, Ohio, April 27, 1839. I certify that the foregoing acts are true copies of the original rolls remaining on file in this department. CARTER B. HARLAN, INDEX TO THE GENERAL LAWS, VOLUME XXXVII. APPROPRIATIONS, An act making special appropri ASSESSORS, An act to amend the act for the AUDITOR OF STATE, An act defining the duties of the AUDITORS, (County) An act to amend the act entitled, An act to amend the act entitled, AGRICULTURE, An act to authorize and encou- Adjutant General, An act to carry into effect a con- Page. BANKS, 3 71 6 29 61 59 50 Page: 8 An act to prohibit the issuing and BANK COMMISSIONERS, An act providing for the appoint- |