Proviso. Acts repealed. fications of an elector under the provisions of this act, or if any judge or clerk of the election, on whom any duty is enjoined by this act, shall be guilty of any willful neglect of such duty, or of any corrupt conduct in the execution of the same, such judge or clerk shall, on conviction thereof, be fined in any sum not more than one thousand dollars, nor less than three hundred dollars, and be imprisoned in the jail of the county not more than six months, nor less than three months; provided, that the provisions of this act and the penalties thereto shall not apply to clerks or judges of elections for refusing to receive the votes of persons having a visible admixture of African blood, nor shall they be liable for damages by reason of such rejection. SEC. 4. That said section two of the said act entitled "an act to preserve the purity of élections," passed March 20, 1841, as amended by the act passed April 15, 1857; the act entitled " an act amendatory to an act to further amend the act entitled an act to preserve the purity of elections,' passed April 15, 1857," passed February 8, 1861; the said act entitled "an act to amend the fourth and fifth sections of the act to preserve the purity of elections, as amended by the act of April 15, 1857," passed March 30, 1864; the act entitled "an act to amend section twenty-four (24) of an act entitled an act to preserve the purity of elections,' passed March 20, 1841," passed April 15, 1867; and the act entit,ed "an act supplementary to an act entitled an act to prese e the purity of electious,' passed March 20, 1841," passed April 16, 1867, be and the same are hereby repealed. SEC. 5. This act shall take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. J. C. LEE, Passed April 17, 1868. President of the Senate. Provisions of to certain eities. AN ACT To extend an act therein named to cities of the first class which have been advanced to the grade of cities of the first class since 1860, and to further regulate the construction of sewers in said cities. SECTION 1. Be it enacted by the General Assembly of the act extended State of Ohio, That the operation of an act passed March 23, 1864, entitled "an act to amend an act to authorize the construction of sewers in cities of the second class having over thirteen thousand inhabitants at the last federal census," passed February 9, 1863, be and the same is hereby extended to cities of the first class which have been advanced from the grade of cities of the second class to that of cities of the first class, since the passage of the said above mentioned act, and that the said act shall have the same force and effect in the said cities as though the same had not advanced from the grade of cities of the second class. ment of submain sewer districts. SEC. 2. That the city council of any city to which this act Establishapplies shall have the power to subdivide any main sewer district which may have been, or may hereafter be established, into sub main sewer districts in the same manner provided by law for the establishment of main sewer districts, and to lay out and construct, and reconstruct in said submain sewer districts sub-main or lateral sewer, and to assess and collect the costs of such construction or reconstruction, upon the lots and lands in said sub-main sewer districts, in the same manner provided by law for the assessment and collection of the costs and expenses of the construction or reconstruction of main sewers. SEC. 3. That whenever it shall be found that the proceedings by which the assessment of the costs of the construction or reconstruction of any sewer shall be invalid on account of any informality or want of conformity with the laws in the said assessment, the city council of any such city may order a reassessment, in order to correct said error, and all proceedings upon such assessment shall be conducted in the same manner as by law is provided for the original assessment of the cost of construction or reconstruction of said sewer; and if any court of competent jurisdiction shall by its judgment find that any such assessment is illegal, on account of the proceedings by which such assessment was made not having been conducted in conformity with law, either for errors committed by the city council or by any person appointed by said city council, or by any officer of said council, the said city council, whether the same shall have been constructed or not, shall have power to order a reassessment of the cost of construction or reconstruction of the same, in the same manner herein before provided for. SEC. 4. That whenever, in cities to which this act applies, a sewer district shall hereafter be set off, or established, the main sewer of which shall be a continuation of, or drain through, or into the main sewer of any other district, the city council of such city, in providing for assessing the costs and expenses of the main sewer in such new sewer district, may provide for assessing upon the lots and lands in such new sewer district such proportion as said council shall determine to be just and proper of the cost and expense of constructing any unconstructed part of the main sewer in the district through which said new main sewer shall drain, such assessment, when the proportion thereof shall be so determined, shall be made in the same manner that other assessments under this act are directed to be made. SEC. 5. That the provisions of section 6 of an act passed April 8, 1856, (S. and C. vol. 2, pp. 1546 and 1547,) entitled "an act supplementary to an act entitled an act to provide for the organization of cities and incorporated villages,"" passed Invalid or illegal assess ment, how corrected. How assessment to be apportioned. Provisions of act extended. May 3, 1852, be and the same are hereby extended to the cities mentioned in the first section of this act. SEC. 6. This act shall be in force from and after its pass age. JOHN F. FOLLETT, Speaker of the House of Representatives. Passed April 21, 1868. President of the Senate. When county commission ers may appropriate land for court house or jail. AN ACT To authorize county commissioners to condemn lands upon which to erect a court house and jail. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be lawful for the county commissioners of any county in this state, in every case where it may be necessary to procure a court house site or land upon which to erect a court house, or court house and jail for such county, and the said county commissioners and the owner thereof shall be unable, from any cause to agree upon the sale and the purchase thereof, to make out an accurate survey and description of the parcel of land which the said county commissioners may desire to appropriate for such building purposes, and file the same with the probate judge of the proper county, and thereupon the same proceedings of appropriation shall be had which are provided for by the act entitled “an act to provide for compensation to owners of private property appropriated to the use of corporations," passed April 30, 1852, and the various acts amendatory and supplementary thereto. SEC. 2. This act to take effect and be in force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. Passed April 22, 1868. President of the Senate. AN ACT To authorize and require the board of public works to construct a berme bank and culvert below lock 28, on the Miami and Erie canal. WHEREAS, By the construction of the Miami and Erie canal, a pond covering from forty-five to fifty acres of valuable farming lands, was created at the foot of lock 28, north of Loramie summit, on said canal, injurious to the health, con venience and welfare of the inhabitants of Ottoville and vicinity; therefore, SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the board of public works be and are hereby authorized and required to build and construct such a berme bank and culvert below lock 28, on said Miami and Erie canal, as the resident engineer may suggest, and will be necessary to drain the above mentioned pond, at a cost not exceeding two thousand dollars. SEC. 2. This act shall take effect from and after its passage. Board of public works to build berme bank and culverts. Passed April 22d, 1868. President of the Senate. AN ACT Supplementary to an act entitled an act to provide for locating, establishing and constructing ditches, drains and water-courses, passed March 27th, 1861, as amended March 20, 1867. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of any county in this state shall have power at any regular or called session, whenever in their opinion it is necessary and will be conducive to the health, convenience or welfare of the public, in case where any ditch, drain or water-course has been established and constructed under the provisions of the act to which this is supplementary, to cause the same to be cleaned out, widened or deepened, as hereinafter provided. SEC. 2. Whenever one or more persons owning land adjacent to any such ditch, drain or water-course referred to in section one, shall file a petition setting forth the necessity of such widening, deepening or cleaning out the same, or any part thereof, with the county auditor, and shall file a bond with sureties to the acceptance of said auditor, conditioned to pay all the costs and expenses incurred, in case the commissioners shall refuse to grant the prayer of the petitioners, the county commissioners shall have the same power to cause said ditch, drain or water-course to be cleaned out, deepened or widened, as they have to order any such ditch, drain or water-course to be located and constructed, and the same proceedings shall be required in both cases, except that the commissioners, if they deem it proper, may dispense with the services of an engineer, and that a notice of the day for hearing the petition, and the substance of the prayer of the petition, published in some newspaper of general circulation in the county for two consecutive weeks prior to the hearing of said petition, shall be deemed a sufficient notice to non-residents, and a notice in writing to resident owners of land, six days prior to the time for hearing such petitions shall be deemed a sufficient notice, and When ditches, &c., may be widened, deepened, or cleaned out. Petition. Powers and duties of county com missioners. the costs and expenses shall be assessed and collected in accordance with said original act to which this is supplementary. SEC. 3. This act shall take effect from and after its pass age. JOHN F. FOLLETT, Speaker of the House of Representatives. T. J. GODFREY, President pro tem. of the Senate. Passed April 25, 1868. Who may be corporate. Kind of buildings specified. AN ACT To amend section one of an act entitled "an act to enable associations of persons for building hotels and for other purposes to become bodies corporate, passed April 5th, 1866," as amended by an act passed April 16, 1867. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the act entitled "an act to enable associations of persons for building hotels and for other purposes to beccme bodies corporate," passed April 5, 1866, as amended by an act entitled "an act to amend section one of an act entitled an act to enable associations of persons for building hotels and for other purposes to become bodies corporate,' passed April 16th, 1867," be so amended as to read as follows: Section 1. That any number of persons not less than come a body three, may associate themselves and become a corporation as provided in the sixty-third, sixty-fourth and sixty-fifth sections of the act entitled "an act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852, for the purpose of constructing and maintaining buildings to be used for hotels, store rooms, manufacturing establishments, tenement houses, or water cure establishments for the treatment of invalids, and for places of general public resort; and such company shall be authorized and empowered to acquire, hold, use, and convey at pleasure all such real and personal property as may be necessary and convenient to carry into effect the object of the incorporation, and to construct, establish and maintain suitable buildings and other structures, grounds, walks, drives, and other necessary appendages for the purpose hereinbefore named, and to make all contracts, purchases, sales, conveyances, mortgages and leases necessary to conduct the said business, and to manage the property, and to dispose of the same, to the same extent as is lawful for individuals. Company may acquire and hold cer tain property |