cature within this state; and they are hereby authorized and required to ask, demand and recover, by suit or otherwise, any real estate, or any interest therein, whether the same be legal or equitable, belonging to their respective counties, or any sum or sums of money, or other property due to such county, on account of advances made by them on any contract with any person or persons, for the erection or repair of any public building, or bridge, or other work, or any other contract or obligation which, by the provisions of any law of this state, they are authorized to enter into, and in like manner to sue for and recover in money, for any damage that may be done to the property of the county, or the value or amount of any labor, or article of value subscribed instead of money to aid in erecting or repairing public buildings or bridges, where such labor or articles of value, upon their requisition, shall not have been performed, delivered or paid in a reasonable time, and the money so recovered in any case shall be by them paid into the treasury of the county, and they shall take the treasurer's receipt therefor, and file the same with the auditor of the county. SEC. 2. That said section VII (7) of the above recited act be and the same is hereby repealed. SEC. 3. This act shall take effect upon its passage. Passed March 30, 1868. President of the Senate. W. R. & M. road with drawn from resolution authorizing re-lease, &c. When said road shall be AN ACT To provide for the transfer of the custody and control of the Western Reserve and Maumee State Road, in trust, to the counties through which said road is located. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the Western Reserve and Maumee state road be and hereby is withdrawn from the operation and effect of the joint resolution of the general assembly, passed April 11, 1867, directing the extension of the lease of the public works of the state of Ohio, in accordance with the reservations and provisions contained in said resolution; on condition, however, that such withdrawal shall not take effect unless the said road is accepted by the county commissioners as hereinafter required. SEC. 2. That whenever and as soon as the county commissioners of the counties of Sandusky and Wood shall officially accept, and deposit a certificate to that effect with the secretary of state of the state of Ohio, the Western Reserve and Maumee state road shall be thereby transferred, in trust, to said counties, from and after the first day of June, A. D. 1871; provided such acceptance shall be filed on or before the first day of March, A. D. 1871. public works SEC. 3. That all the authority, powers and control which Powers of is now, or was vested in the board of public works under the board of laws of this state prior to the leasing of said public works, transferred having reference and applicable to said road, shall be vested to county in the county commissioners of the respective counties, on commissionfiling the acceptance aforesaid; and the county commis- ers. sioners of each county within which any part of said road is situated, shall respectively have the control and management of such portion of said road as is within their respective counties. ers required to take charge of said road, &c. . SEC. 4. That after the filing of the acceptance aforesaid, Commissionthe connty commissioners of the several counties of Wood and Sandusky are hereby authorized and required to take charge of, and manage, and repair, and control so much of said road separately as lies within their respective counties, from time to time to determine and prescribe the rates of toll necessary to keep said road in proper repair, to determine the number and location of toll gates, and appoint the necessary number of gate keepers in their respective counties, and prescribe the duties and compensation of such. SEC. 5. The county auditor and county treasurer of the said several counties respectively, are hereby required, on the acceptance of said road and custody thereof taken as aforesaid, to open and keep a separate account, to be designated the Western Reserve and Maumee road fund. The respective gate keepers on said road shall, at the expiration of every month, and at such other times as may be ordered by the respective county commissioners, make out and file with the county auditor of the county in which his or her gate may be situated, a sworn statement of all the tolls collected by him or her during said month or other period ordered, and on certificate of the auditor shall pay all moneys so collected into the county treasury, take duplicate receipts therefor, and file one of said receipts with the county auditor. Duty of county audi tors and treasurers. -and of gate keepers. SEC. 6. That all tolls collected on said road shall be un- As to tolls. der the direction and control of the respective county commissioners wherein collected, and be by them expended for the repair or improvement of said road, and for no other purpose. SEC. 7. The present lessees of the public works of Ohio, are hereby authorized to transfer and assign the unexpired term of the original lease of the said Western Reserve and Maumee state road to the county commissioners of Sandusky and Wood counties, on such terms as said lessees and said county commissioners may agree, without impairing or violating any of the rights or obligations of said lessees in any respect, except the obligation in relation to said road; nor shall the release or assignment, if made by said lessees, of the unexpired term of the lease terminating June 1, 1871, of said road, release said lessees from any obligation or liability for rent or any other obligation provided for in said lease. Lessees may transfer lease to county commission ers, &c. SEC. 8. The county commissioners of the said counties of CommissionSandusky and Wood, are hereby authorized and empowered ers may aeto accept the transfer from the lessees of the public works of cept transfer. Ohio, the unexpired term of the original lease of the said &c. Western Reserve and Maumee state road; and if said transfer shall be made, the said county commissioners shall control and manage said road in the same manner as is provided in this act for the management and control thereof after June 1, 1871. JOHN F. FOLLETT, Speaker of the House of Representatives. President of the Senate. Passed March 30th, 1868. Statement required of person list ing property. Proviso as to conversion of property into untaxed bonds, &c. Sections repealed. AN ACT To amend section six of an act entitled an act to amend an act for the assessment and taxation of property in this state, and for levying taxes thereon according to its true value in money, passed April 5th, 1859, passed February 25th, 1862. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six of the above named act be amended to read as follows: Section 6. Each person required by this act to list property shall make out and deliver to the assessor, when required, or within ten days thereafter, a statement, verified by his oath or affirmation, of all the personal property, moneys, credits, investments in bonds, stocks, joint stock companies, or otherwise, in his possession, or under the control of such person, on the day preceding the second Monday of April of that year, and which, by the provisions of this act, he is required to list for taxation, either as owner or holder thereof, or as guardian, parent, husband, trustee, executor, administrator, receiver, accounting officer, partner, agent or factor; provided, that if any such person shall have converted moneys. credits or other personal property, in the year preceding the said second Monday of April, into bonds or other securities of the United States, or this state, not taxed, and shall hold or control said bonds or other securities when he is required to list his property, he shall list the monthly average value of said moneys, credits or other property thus converted, while such moneys, credits or other property was held or controlled by him; and provided further, that any indebtedness of such person or persons represented by him, created by investment in said bonds or other securities, shall not be deducted from the amount of credits in making up his list for taxation. SEC. 2. That section six of the above named act, and section three of an act supplementary to the act for the assessment and taxation of all property in the state, and for levying taxes thereon according to its true value in money, passed April 5th, 1859, and amend[ed] section six of said act, passed March 29th, 1861, be and the same is hereby repealed. SEC. 3. This act shall take effect from and after its pass age. JOHN F. FOLLETT, Passed March 30, 1868. President of the Senate. AN ACT To authorize city councils of cities of the second class, having a population of sixteen thousand and upwards at the last federal census, to borrow money and issue bonds for the purpose of purchasing ground and erecting a building thereon, for a city hall, and other purposes. SECTION 1. Be enacted by the General Assembly of the State of Ohio, That the city councils, respectively, in all cities of the second class, having a population of sixteen thousand and upwards at the last federal census, are hereby authorized and empowered to appropriate any sum not exceeding one hundred and fifty thousand dollars, for the purpose of purchasing ground and erecting a building thereon, for a city hall, and other purposes; provided, such city council shall, before making such appropriation, at a general or municipal election for that purpose, submit to the qualified voters of such city the proposition to make such appropriation for such purpose; and provided further, that a majority of the votes cast at such election shall be in favor of making such appropriation. SEC. 2. That for the purpose of raising the money necessary to meet any appropriation, as aforesaid, such city councils are hereby authorized and empowered to issue and sell the bonds of such cities, at not less than the par value thereof, in sums not less than one hundred nor more than one thousand dollars each, and in amount not exceeding in the aggregate the appropriation, as aforesaid, payable at the pleasure of such city councils, at a period not exceeding twenty-five years from the date thereof, and in such amounts and at such times as such city councils shall determine, and bearing a rate of interest, payable semi-annually, not exceeding seven per cent. per annum; and the money so raised shall be used for the purpose aforesaid, and for no other purpose whatever Powers of councils as to the erection of city halls, &c. They may issue and sell bonds, &c. SEC. 3. That for the purpose of paying the interest on Payment of said bonds as the same shall accrue, and the principal there- interest. of when the same shall mature, such city councils are hereby authorized and empowered to levy a tax, annually, additional to the tax levied for all other purposes, upon the taxable property within the corporate limits of such cities, and certify the amount thereof to the auditor of the county in which such city may be located, which tax shall be placed by the auditor on the tax duplicate of such county, and collected in the same manner as other taxes are by law collected. SEC. 4. This act shall take effect and be force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. Passed March 30, 1868. President of the Senate. of election to be chosen riva voce. 66 AN ACT Supplementary to 'an act to regulate the election of state and county officers," passed May 3, 1852. (1 S. & C., 532.) SECTION 1. Be it enacted by the General Assembly of the A third judge State of Ohio, That in any election holden under the "act to regulate the election of state and county officers," passed May 3, 1852, in any ward of any city that now is or may hereafter be divided into wards, in addition to the judges of election provided for by the act to which this is supplementary, and the acts amendatory thereof, there shall be chosen viva voce by the electors present at the time and place of holding such election, a suitable person having the qualifications of an elector, to act as one of the judges of such election, so that the same shall be held by three judges. The judge so chosen shall, before entering upon the discharge of his duties, take the oath or affirmation prescribed by law. SEC. 2. This act shall take effect and be force from and after its passage. JOHN F. FOLLETT, Speaker of the House of Representatives. J. C. LEE, Passed March 30, 1868. President of the Senate. Appointment, powers and duties of master commissioner. AN ACT To amend section six hundred and eleven (611) of the act entitled act to establish a code of civil procedure," passed March 11, 1853. 66 an SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six hundred and eleven (611) of the act entitled "an act to establish a code of civil procedure," passed March 11, 1853, be amended so as to read as follows: Section 611. The court of common pleas may appoint, in each county, such number of persons as shall be necessary, to be master commissioners, who shall hold their office for the term of three years, unless removed by the court for good cause. The master commissioners so appointed shall have power to administer all oaths required in the discharge |