storage of the property sold, apportioning such expenses and Proceeds, charges, as near as may be, among the articles sold, to the how disposed amount received for each, and hold the overplus, if any, sub- of. ject to the order of the owner thereof, at any time within one year after such sale, upon proof of ownership by affidavit of the claimant or attorney; and after the expiration of one year, all such sums unclaimed shall be paid into the state treasury, to be placed to the credit of common schools: provided, that any such articles not sold may be offered again, as above provided, until sold. SEC. 2. That original sections three and four be and the same are hereby repealed. SEC. 3. This act to take effect from and after its passage. Speaker of the House of Representatives. Passed February 23, 1877. AN ACT To amend an act entitled "An act to regulate the election of state and county officers," passed May 3, 1852, (S. & C., p. 532,) amended April 12, 1870, (O. L., vol. 67, p. 47). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six of the above recited act be amended as follows: Section 6. That the judges of election, for every election precinct, at all elections holden under this act, or the acts amendatory thereof, or supplementary thereto, shall be chosen and constituted as follows: First-In every township, and for the township election precinct therein, said judges shall consist of the two electors receiving at any general spring election the highest number of votes for the office of trustee, and the elector of an opposite political party receiving thereat the highest number of votes for said office of those not elected thereto, except in cases where two opposite political parties will be represented on said board by the result of such election; and excepting where all the electors receiving votes as aforesaid shall be of the same political party, then said electors chosen as trustees shall constitute the judges of election therein: provided, if, of those elected township truste sat any election, two have an equal, but not the highest, or, if the three have the same, or, if of those not so elected, two or more have the highest and an equal number of votes for said office, then, in every such event, the township clerk shall, without delay, publicly determinine by lot which of said two, or which two of said three so elected, or which one of those not elected but receiving votes as aforesaid (as the case or cases may require), shall be judge or judges of said elec Judges of elec tion; how chosen. Judges in wards of cities and villages. Proviso Term of ser vice. Filling vacancies, oath of office, etc. tion. If any township comprise more such precincts than one, the trustee thereof not chosen as aforesaid, shall be one of the judges of election for one such precinct, whereof the other two, as well as the judges of election for any additional township precinct, situate wholly or partly in such township, shall be chosen in the manner provided in section seven of this act. The clerk of every township shall make and preserve a record of the names of all persons, with the proper dates, chosen judges of election as aforesaid in such township. Second-Said judges of election for each ward of any city or village divided into wards, shall consist of the two councilmen of such ward and the elector who is of an opposite political party to either or both of such councilmen receiving at the preceding April election the highest number of votes for said office of those not elected thereto: provided, if two or more electors, who are of an opposite political party to either or both of the councilmen of such ward not elected to said office, have the highest and an equal number of votes therefor, then it shall be the duty of the city or village clerk, as the case may be, on opening the returns from such ward, to determine by lot which of such electors shall be judge of election for the same, a record whereof he shall make in his minutes; and said clerk shall issue a certificate of election, as in other cases, to the person in each ward so chosen. Judges of election chosen as aforesaid, shall serve as such during one year, and until their successors are chosen and qualified as herein provided; and each, before entering upon his duties, shall take an oath or affirmation, such as is prescribed in section seven of the act to which this is amendatory. SEC. 2. That section seven of said act be amended so as to read as follows: Section 7. That if either of the judges of the election, or clerk of any township, shall fail to attend at the time and place of holding elections, or if either of them shall be a candidate for state or county office, then it shall be the duty of the electors present to choose, viva voce, a suitable person or persons, as the case may require, having the qualifications of an elector, to act as judges or clerks of said election; and, in the selection of such person or persons to act as judges of election, the same limitations and restrictions shall be observed as are prescribed in section six of this act, so that two political parties shall, in all cases, have a representation on said board; and, previous to any vote being received, such judge or clerk, or any judge or clerk not being already duly sworn and qualified according to law, shall take an oath or affirmation, which may be administered by any trustee or clerk of a township, or councilman, or other person authorized to administer oaths, in the following form: "You, A. B., do solemnly swear (or affirm) that you will perform the duties of judge, or clerk of the election (as the case may be), according to law and the best of your abilities, and that you will studiously endeavor to prevent fraud, deceit, or abuse in conducting the same." SEC. 3. That sections six (6) and seven (7) of the above recited act be and the same are hereby repealed. SEC. 4. That this act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. Passed February 24, 1877. AN ACT Suplementary to an act entitled "An act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That any company organized under said act, or any of the amendments thereto, for the purpose of mining coal, or for the purpose of mining coal and iron ores, or where any part of the business of such company shall be the mining of coal and iron ores, may also, upon a vote of two-thirds of the capital stock of any such company, engage in the business of manufacturing iron, from ores, or engage in any other branch of the manufacture of iron; provided, that before such company shall engage in such manufacture, such company, by its president, shall execute a certificate, under the corporate seal of such company, setting forth the particular branch or branches of the manufacture of iron in which it purposes to engage, and the place or places where the same or any part thereof is to be located, the same to be verified by the oath of the president of the company, and which certificate shall be acknowledged, certified, and forwarded to the secretary of state, recorded and copied, as is provided in the second section of said act, and a copy of such certificate, duly authenticated by the secretary of state, shall be forwarded by him to the recorder of every county in which such mining business and manufacturing establishment or any branch thereof having a place of doing business may be situated; and every such certificate shall be recorded by the recorder of deeds in a book provided for that purpose, in every county where such mining company and manufacturing establishment, or any branch thereof, may be located, and, when the same is done, every such company is hereby authorized to carry on the manufacture of iron named in said certificate, Increase of capital of mining companies. Proviso. in addition to the business named in the original certificate of incorporation. SEC. 2. This act shall be in force on and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS, President pro tem. of the Senate. Passed February 24, 1877. Commissioners authoriz ed to remove drift-wood, etc., in water courses. Application for clearing out stream made to county auditor. Petitioners to give bond for payment of expenses, ete. AN ACT To authorize the removal of drift timber, and other obstructions from the natural channel of streams, and to protect lands from overflow. 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, whenever in their opinion the same will be conducive to the health, convenience or general welfare of the citizens of their respective counties, or upon petition of the land owner or owners of any land adjoining or adjacent to any stream or streams of water in this state, known as living streams of water, to remove, or cause to be removed, any drift-timber or other obstructions that may hinder the free passage of water in the natural channel of any such stream or streams. SEC. 2. That all applications by the owner or owners of land adjoining on or adjacent to any such stream or streams, shall be by filing with the county auditor their petition, substantially stating the necessity for such improvement, together with a sufficient bond and approved security to the acceptance of the county auditor, conditioned to pay all expenses incurred in case the county commissioners shall refuse to grant the prayer of such petition, and thereupon the county auditor shall give notice to the county commissioners of the filing and pendency of said petitions, and said commissioners shall immediately determine and designate a time and place when and where they will meet to hear said petitions and determine their proceedings thereunder; and thereupon the said petitioner or petitioners shall cause notice in writing to be given to the owner or owners of each tract of land sought to be affected by said proceedings of the filing and pendency of said petitions, which notice shall be served not less than five days before the day fixed for the hearing thereof. If any Notice of pe- person owning lands sought to be affected by said proceedings be a non-resident of the county, a notice shall be given him by publications [publication] for two consecutive weeks in some newspaper published or of generalcirculation in said county. tition to be served on interested parties. Hearing of petition. SEC. 3. That on the day set for the hearing of said petition. if it appears to the commissioners that any person or persons who may be interested in such improvements have not been notified as required by the provisions of this act, or that any requisite preliminary steps have not been taken, they shall adjourn to some future time, not exceeding twenty days, and shall order such notice to be given, or such preliminary steps to be taken, and a majority of said commissioners shall be competent to perform any of the requirements of this act; but if said commissioners shall find that said bond has been filed, and said notice has been given, they shall proceed to hear and determine said petition, and, if they deem it necessary, shall view the premises along said May view the proposed improvements, and, if they find that such improvements are necessary, or will be conducive to the health, convenience or welfare of such citizens of said county, shall proceed to apportion the clearing of the natural channel of any such stream or streams in a fair and equitable manner, according to the benefits to be derived therefrom, as near as the same can be done, among the owners of lands adjoining on, or adjacent to, such stream or streams, and the said county auditor shall make a full and complete record of all such proceedings in the journal of the proceedings of the county commissioners. SEC. 4. That said county commissioners, whenever they shall order such improvement, shall divide the same in suitable sections, not less in number than the owners of land sought to be affected by the provisions of this act, and shall also prescribe the time in which the work on said improvement shall be completed and by whom done; and the said commissioners shall allow all reasonable fees, costs and expenses incurred in viewing and apportioning such improvement, to be paid out of the county fund; and whenever the commissioners shall deem the same right and just, they shall assist in the clearing of any such stream or streams, by common levy, not to exceed five-tenths of one mill on the dollar's valuation in any one year in their respective counties. SEC. 5. That whenever any streams of water, as described in the first section of this act, shall be in one or more counties the commissioners of each county so bounded by such stream or streams, shall meet and divide, as before specified, the clearing of such streams jointly, and shall be governed in all respects by the provisions of this act. SEC. 6. In such cases, copies of the notice and petition, as required by the second section of this act, shall be filed with the county auditor of each county in which any part of such stream or streams may be situated; and at the time of hearing of such petition, and at the time of hearing the report of the commissioners, any one or more of the commissioners of such counties may meet with the commissioners of the county in which the petition was first filed, and, when so met, shall each have the same authority to act and decide as if they were severally commissioners of such county and the board were constituted of the whole number of commissioners present. premises. An equitable ment apportionto be made on owners. Commissioners shall prescribe the time in which work is to be done. Commission ers in certain cases to order certain assessment to be paid. When streams in two or more counties. Copy of notice to be auditor of each county. filed with |