Additional returns.

free banking act," and the voters not approving it shall place upon their ballots the words, "Against the free banking act." The judges and clerks of said election in each and every township, ward and precinct shall, in addition to the returns provided by law, and at the same time, make return to the clerk of the county, of the vote cast for and against the approval of this act. A return additional to the return required by law to be made of the votes cast at such election for state officers, and senators and representatives, shall also be certified and made by the clerk of each county, of the vote for and against the approval of this act, to the sercretary of state, within ten days after said election; and within thirty days after said election the secretary of state, auditor of state, and attorney general shall open said return, and count the votes, and ascertain whether or not a majority of all the votes cast at said election have been cast for the approval of this act; and if it appears that a majority of the votes cast at such election have been cast for the approval of this act, the said secretary and auditor of state shall make proclamation thereof without delay.

Newspaper SEC. 28. The secretary of state shall cause this act to be publication. published in one, but in not more than two newspapers, and by one insertion in each, in each county of the state wherein a newspaper is published, and within thirty days preceding said election. The cost of publication to be paid out of the state treasury, upon the warrant of the auditor of state, upon proper vouchers, and in accordance with the provisions of "An act supplementary to the act to provide for the exeсиtion and supervision of the state printing and binding, passed March 24, 1860," passed and took effect May 1, 1862. [S. & S. p. 619.]

SEC. 29. If the vote so cast be ascertained by the secretary of state, auditor of state, and attorney general, to have been cast in favor if the approval of this act, it shall take effect and be in force from and after the date of the proclamation so required to be made by them.

C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS, President of the Senate.

Passed April 24, 1877.

AN ACT

Prescribing the fees of county auditors, and to repeal certain acts therein

named.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the several county auditors in this state shall hereafter receive compensation, per annum, for their services, Compensaas follows:

In counties having two thousand male inhabitants above the age of twenty-one years, the county auditor shall receive one thousand dollars per year; and in counties having more than two thousand such inhabitants, the auditor shall receive the like sums respectively, and in addition thereto shall receive for each year the sum of fifteen dollars for each additional one hundred such inhabitants above two thousand in such county.

tion.

SEC. 2. That the several county auditors in this state Additional shall receive compensation for their services, in addition to compensathat provided for in the first section of this act, as follows:

In counties having a population of such male inhabitants as are enumerated in section one of this act, less than three thousand five hundred such inhabitants, two hundred and fifty dollars; in counties having three thousand five hundred, and less than four thousand five hundred such inhabitants, three hundred dollars; in counties having four thousand five hundred, and less than five thousand five hundred such inhabitants, three hundred and fifty dollars; in counties having five thousand five hundred, and less than six thousand five hundred such inhabitants, four hundred dollars; in counties having six thousand five hundred, and less than seven thousand five hundred such inhabitants, four hundred and fifty dollars; in counties having seven thousand five hundred, and less than eight thousand five hundred such inhabitants, five hundred dollars; in counties having eight thousand five hundred, and less than nine thousand five hundred such inhabitants, five hundred and fifty dollars; in counties having nine thousand five hundred, and less than ten thousand five hundred such inhabitants, six hundred dollars; in counties having ten thousand five hundred, and less than eleven thousand five hundred such inhabitants, six hundred and fifty dollars; in counties having eleven thousand five hundred, and less than fifteen thousand such inhabitants, one thousand three hundred dollars; in counties having fifteen thousand, and less than seventeen thousand five hundred such inhabitants, one thousand four hundred dollars; in counties having seventeen thousand five hundred, and less than twenty thousand such inhabitants, one thousand five hundred dollars; in counties having twenty thousand, and less than twenty-five thousand such inhabitants, one thousand seven hundred and fifty dollars; in counties having twenty-five thousand, and less than forty thousand such inhabitants, three thousand dollars; in counties having forty thousand and less than fifty thousand such inhabitants, three thousand five hundred dollars.

SEC. 3. That the county auditors of the several counties in this state shall receive, in addition to the salary now provided in sections one and two of this act, the compensa

tion.

County commissioners, how governed.

Fees for

tion that is now authorized by section two of "an act to amend an act entitled an act, passed May 6, 1869, supplementary to the act prescribing the fees of county auditors, passed May 1, 1862, as amended April 12, 1865, as amended April 17, 1867, passed April 11, 1876" (O. L., vol. 73, p. 221), or that may be hereafter provided by law, for assessing and placing upon the duplicate tax omissions; that they shall also receive the additional compensation that is now authorized by "an act supplementary to an act for the assessment and taxation of property in this state, and for levying taxes therein according to its true value in money, passed April 5, 1859 (S. & C., 1438), passed and took effect May 1, 1862 (S. & S., 766)," or that may be hereafter provided by law, for services as members of the boards of appraisers and assessors of railroads; that they shall also receive the additional compensation that is now authorized by section one hundred and twenty-five of "an act for the reorganization and maintenance of common schools," passed May 1, 1873 (O. L., vol. 70, p. 230) or that may be hereafter provided by law, for their services under the school laws of this state; that they shall also receive the additional compensation that is now authorized by section forty-six of "an act prescribing the duties of county auditors," passed and took effect April 4, 1859 (S. & C., p. 107), or that may be hereafter provided by law, for filing away the statements of the taxable property of the individual tax payers, as returned by the township assessors in pursuance of law.

SEC. 4. The board of county commissioners allowing the salary of the county auditor, as named in sections one and two of this act, shall be governed by the act passed and took effect April 7, 1863 (S. & S., p. 22), entitled "an act to provide for taking the enumeration of male inhabitants of the state above the age of twenty-one years."

SEC. 5. That the county auditors are hereby authorized transfers, etc. to charge and receive, for their own use, fees, as follows: For certificate of sale of school land, to be paid by the purchaser, thirty cents; for certificate of payment of installment into the treasury on school lands, to be paid by the purchaser, twenty cents; for final certificate of payment for school lands, to be paid by the purchaser, one dollar; for deed of lands sold for taxes, to be paid by the purchaser, one dollar and twenty-five cents; for the transfer of an entry of land, lot, or part of lot, to be paid by the person requiring the same, ten cents: Provided, that the whole amount of the fees for transfers of real estate described in any one deed, plat, or other instrument, shall not exceed two dollars.

SEC. 6. That the county auditors of the several counties free turnpike in this state shall receive the following fees, to be paid out of the county treasury, for their services under the free turnpike laws now in force, or that may be hereafter enacted: For all free turnpike road work, where the same has been granted and road commissioners appointed to lay out, locate and construct the same; for recording the proceedings of the county commissioners, apportionment of road commissioners, and all other recording required in making a complete record, for each hundred words (where figures are used, three figures are to be counted as one word), ten cents; and for making out special tax duplicates for the purpose of collecting the tax from the owners of each and every description of lots and lands and personal property within the bounds of said roads as shown by the maps returned to the county auditor by the county road commissioners, for each and every description of property sought to be assessed, ten

cents.

SEC. 7. That the county auditors of the several counties Fees under in this state shall receive the following fees, to be paid out of "improved the county treasury for their services under the "Improved road" law. Road" laws now in force, or that may be hereafter enacted: For recording papers, proceedings, apportionments, and all other recording required in making up a complete record of improved roads, for each hundred words (where figures are used, three figures to be counted as one word), ten cents; and for making out special tax duplicate for the purpose of collecting the tax from the owners on each and every description of lots, lands and personal property sought to be assessed for such improvement, ten cents.

SEC. 8. That the county auditors of the several counties in this state shall receive the following fees, to be paid out of the county treasury for their services under the ditch laws now in force, or that may be hereafter enacted: For recording all proceedings, apportionments and other recording necessary to make a complete ditch record of all ditches established by the county commissioners, for each hundred words, (where figures are used, three figures to be counted as one word), ten cents; for placing unpaid ditch taxes on the duplicate, for each and every description of land, lot, or part of lot so assessed, five cents.

SEC. 9. That the board of county commissioners of the several counties in this state shall have authority and are hereby required to make an additional allowance to the county auditor for clerk hire, not exceeding twenty-five per cent. of the annual allowance made in sections one and two of this act, in the years when the real property is required by law to be reappraised.

SEC. 10. All claims for services authorized by this act, due to the county auditors in this state, which are payable from the county treasury, shall be made out in detail according to the rates named in the foregoing act, shall be presented to the board of county commissioners, who, after being satisfied that the labor has been performed, shall allow said bill or claim, and cause the same to be spread upon the minutes of their board; and, after being so allowed, the county auditor is authorized to draw his warrant upon upon the treasurer of the county for the amount of the bill or claim so allowed.

Fees under ditch law.

Allowances for clerk hire.

Claims for

services shall be made in

detail.

Time.

Proviso.

SEC. 11. That the several county auditors in this state shall receive compensation for their services from and after April 8, 1876, at the rates prescribed in this act: Provided, that the fees and compensation provided for by the foregoing act shall be in full for all services lawfully required to be done by the auditors of such counties; and it shall be unlawful for any county auditor to charge or receive any other or further fees or compensation, either as clerk of the board of county commissioners, board of equalization, or any other board of which he may be clerk, or for any other services done by him. SEC. 12. The compensation for the services of the several Exceptions. county auditors in this state provided for in this act shall not be applicable to the compensation for the services of the auditor of any county in this state in which there is located a city of the first class having a population of one hundred and fifty thousand and upwards at the last federal census.

Acts repealed.

SEC. 13. That section one of an act to amend the first section of an act entitled "an act prescribing the fees of county auditors," passed May 1, 1862, as amended April 12, 1865 (0. L., vol. 62, p. 125), as amended April 17, 1867 (O. L., vol. 64, p. 249), (S. & S., p. 370); section one of "an act to amend section two of the act entitled 'an act prescribing the fees of county auditors," passed April 12, 1865 (O. L., vol. 62, p. 125), passed and took effect April 6, 1866 (O. L., vol. 63, p. 168), (S. & S., p. 371); section fifteen of "an act providing for the election of county auditors, and prescribing their duties," passed and took effect April 18, 1870 (O. L., vol. 67, p, 103); section nineteen [numbered twenty] of "an act to regulate the fees of probate judges, clerks of the court, sheriffs, witnesses, jurors, fees in partition, and to repeal certain acts therein named," passed and took effect April 8, 1876 (O. L., vol. 73, p. 127), and all other acts or parts of acts so far as they are inconsistent with any of the provisions of this act, be and the same are hereby repealed.

SEC. 14. This act shall take effect and be in force from and after its passage.

C. H. GROSVENOR, Speaker of the House of Representatives.

H. W. CURTISS,

President of the Senate.

Passed April 24, 1877.

AN ACT

Supplementary to the "Act for the establishment, support, and regulation of children's homes in the several counties and children's home's districts in this state, and to repeal certain acts therein named," passed March 22, 1876 (O. L., vol. 73, p. 64).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in any county of this state in which an industrial school or children's home has been or may hereafter be