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modify or change plan, &c

New board may commissioners may adopt such modifications as have been

made in said plan by their predecessors, and may also make such changes in the detail of said plan, during the progress of the work, as they may think proper; such changes and altera. tions not to increase the aggregate cost of the erection of said

state house. Term of office, SEC. 3. The commissioners aforesaid shall hold their office

for the term of two years, unless the said new state house shall be sooner completed. They shall take an oath or affirmation, to faithfully and diligently discharge the duties required by this act; and if any vacancy shall occur in said commission, the vacancy shall be filled by appointment, by the Gov

and oad.

ernor. Organization of new board, and duties.

Sec. 4. That it shall be the duty of the commissioners, so soon after their appointment as they may deem expedient, to elect from their own body a president and secretary. The president shall, when present, preside at all meetings of the board, and shall sign all official documents; the secretary shall keep a full and true record of all the proceedings, and an account of all money and labor appropriated and expended, an account of the expenses of each commissioner, the name and compensation of each agent by them employed, or under their control, the kind of service performed, the total amount ex. pended during the last fiscal year, and, annually, by the fifteenth day of December, report the same to the Governor; and in addition to the foregoing, they are required to set forth in the said annual report, the total amount or cost of the said state house up to the time of making such report. And it shall be the duty of the Governor to lay the same before the next General Assembly in session. The treasurer shall take duplicate receipts, one of which shall be retained by him, and the other shall be deposited at the close of the fiscal year, with the auditor of State.

Sec. 5. The said commissioners shall have power to appoint a superintendent, architect, clerk, and all other agents necessary for the successful prosecution of the work committed to their charge, who shall be paid a reasonable compensation for their services, out of the State House fund. The superintendent, architect, and all other agents, shall hold their appoint

ment at the pleasure of the commissioners, a majority of the Duties of super. board concurring therein. The superintendent shall take an

oath or affirmation to discharge the duties assigned him faithfully and diligently, and shall, under the direction of the com. missioners, contract for and procure all the materials proper for the construction of the new state house; he shall, in like manner, contract for all labor and workmanship, necessary for the same, excepting such as may be furnished by the Ohio Penitentiary, under the provisions of this act; he shall superintend the erection of said work, and inspect all materials and workman

Further powers of the board.

intendent.

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ship, so as to secure to the State a building of durable and substantial character; he shall certify to all accounts for labor done, or for materials furnished, which accounts shall be countersigned by the secretary, and paid by the treasurer.

Sec. 6. That all moneys in any way appropriated for this How moneys purpose, shall be drawn from the treasury by the warrant of the auditor of state, payable to the order of said commissioners, signed by the president and countersigned by the secretary, which money, so drawn, shall be deposited with the treasurer of state, who is hereby constituted treasurer of the state house fund.

Sec. 7. That it is hereby made the duty of the warden and In respect to directors of the Ohio Penitentiary, to place at the disposal of the commissioners of the new state house, all the convict labor of the prisoners that can be advantageously employed, and that can be spared from the ordinary work of the prison; which labor shall be appropriated as the commissioners may direct, but under the control and supervision of the warden of the penitentiary; and the said commissioners are hereby authorized and empowered to select from any new convicts, as they arrive at the penitentiary, such persons as in their opinion can be most advantageously to the interest of the State, employed upon the new state house, until its completion.

Sec. 8. That all stone necessary for the completion of said Stone. state house, may be taken from the State quarries; and that the state rail road from said quarries to the city of Columbus, shall be free for the transportation of all material which may be required as aforesaid.

Sec. 9. That said commissioners, a majority of whom shall Commissioners always constitute a board capable of doing business, shall have board. full power to contract and be contracted with, which contracts shall be in the name of the board of commissioners, for the benefit of the state. That the said commissioners are required Rooms to be and directed to provide as soon as practicable, for the furnish- hished for Gening of two rooms in the new state house, for the purpose of eral Assembly. holding the sessions of the General Assembly.

JAMES C. JOHNSON,
Speaker of the House of Representatives.

WILLIAM MEDILL,

President of the Senate. March 18, 1852.

AN ACT

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Authorizing Railroad Companies to change their gauge, or width of track, in

certain cases,

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That each Railroad company now existing, or that may be hereafter formed in this State, shall be required to make every railroad constructed or controlled by said company, of one uniform gauge or width of track from end to end. And whenever either of the roads aforesaid, shall connect with or cross any other road or roads, the companies owning or controlling each or either of said roads, may adopt such uniform gauge or width of track as will enable each of said companies to pass the same cars over each of said roads respectively.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MÉDILL,

President of the Senate.
March 24, 1852.

AN ACT

To repeal the act entitled an act to levy a tax on the income of practising

lawyers and physicians, passed February twenty-second, one thousand eight bundred and thirty.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the act entitled an act to levy a tax on the income of practising lawyers and physicians, passed February twenty-second, one thousand eight hundred and thirty, be, and the same is hereby repealed.

JAMES C. JOHNSON,
Speaker of the House of Representatives,
WILLIAM MEDILL,

President of the Senate.
March 18, 1852.

AN ACT

To amend the act entitled " an act to provide for the settlement of the estates

of deceased persons," passed March 23d, 1840.

Doubtful claims against an es

red to arbitra. tore.

Sec. 1. _Be it enacted by the General Assembly of the State tato to be refer- of Ohio, That if the executor or administrator doubt the just

ice of any claim, presented or verified as provided for by section
eighty-five, of “an act to provide for the settlement of the estates

mer act repeal

of deceased persons, passed March 23d, 1840,” he may enter into an agreement in writing, with the claimant, to refer the matter in controversy to three disinterested persons, who, if the claim does not exceed one hundred dollars, shall be approved of by a justice of the peace of the county in which the parties or either of them reside; or if the claim exceeds one hundred dollars, the referees shall be approved of by the probate judge of such county.

Sec. 2. That the eighty-sixth section of an act to provide section of forfor the settlement of the estates of deceased persons, passed dat March 23d, 1840,” which reads as follows: "If the executor or administrator doubt the justice of any claim presented or verified, he may enter into an agreement, in writing, with the clainant, to refer the matter in controversy to three disinterested persons, who, if the claim does not exceed one hundred dollars, shall be approved of by a justice of the peace of the county in which the parties, or either of them, reside; or if the claim exceed one hundred dollars, the referees shall be ap. proved of by one of the associate judges of the court of common pleas of such county,” be and the same is hereby repealed.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLIAM MEDILL,

President of the Senate.
March 19, 1852.

AN ACT

To extend the time in which administration may be granted in certain cases,

and to repeal the 20th section of the act to provide for the settlement of the estates of deceased persons, passed March 23d, 1840.

Sec. 1. Be it enacted by the General Assembly of the State Extension of of Ohio, That administration shall not be originally granted as how'obtained. of right, after the expiration of twenty years from the death of the testator or intestate; Provided, nevertheless, that each Probate Judge shall have power, within his county, to grant letters of original administration upon the estate of any person heretofore deceased, or who may hereafter decease, as well after as before the expiration of the said period of twenty years, upon petition of the next of kin or other person or persons interested, or their agent, and on good cause shown for granting such letters as aforesaid; and the said Judge may, before allowing the prayer of any such petition, direct notice thereof to be

Section of for:

given, by publication, for a period not exceeding thirty days, in one or more of the newspapers printed in the county where such petition is filed.

Sec. 2. That the twentieth section of the act to provide mer act repeal for the settlement of the estates of deceased persons, passed

the twenty-third day of March, in the year eighteen hundred
and forty, be and the same is hereby repealed.

JAMES C. JOHNSON,
Speaker of the House of Representatives.
WILLAM MEDILL,

President of the Senate.
March 24, 1852.

AN ACT

To enable the Trustees of Colleges, Academies, Universities, and other insti.

tutions for the purpose of promoting education, to become bodies corporate.

Who may establish a col. lege, univer: sity, &c.

Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That any number of persons, not less than five, desiring to establish a college, university, or other institution for the purpose of promoting education, religion, morality, agriculture, or the fine arts, may, by complying with the provisions of this act, become a body corporate and politic, with perpetual succession, and may assume a corporate name, by which they may sue and be sued, plead and be impleaded, in all courts of law and equity; may have a corporate seal, and the same alter or break at pleasure; may hold all kinds of estate, real, personal, or mixed, which they may acquire by purchase, donation, devise, or otherwise, necessary to accomplish the objects of the corporation, and the same to dispose of and convey at pleasure.

Sec. 2. To ascertain the property and the value thereof how ascertain, of any institution desirous of becoming incorporated under

the provisions of this act, it shall be the duty of the auditor of any county, in this State, on application in writing, of any number not less than five freeholders, resident of any county where such application may be made, and where such institution is, or is intended to be located, setting forth the object for which they desire to become incorporated, to select three judicious, disinterested freeholders of the county, and voters therein, who shall first take an oath for the faithful discharge

Value of corpo. rate property

ed.

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