authorized to construct and erect a jail at such place, at the county seat of said county, as in their judgment may be deemed best for the public good, at a cost not to exceed thirty thousand dollars; and for that purpose the said board of county commissioners of Delaware county be and they are hereby authorized to levy a tax upon all the taxable property of said county listed on the duplicate for taxation for the years 1877, 1878, 1879, and 1880, the amount of which proposed tax shall be fixed by said board of county commissioners, which in no event, shall exceed thirty thousand dollars, or one-fifth of one mill on the dollar on the taxable property of said county, in any one year.

SEC. 2. And the board of county commissioners may anticipate the collection of said tax by borrowing any sum not exceeding the amount so levied or to be levied, at a rate of interest not to exceed seven per cent. interest per annum, interest payable semi-annually, and issue notes or bonds therefor, payable upon on the collection of such tax; and the notes or bonds issued under this act shall in no case be sold for a less sum than their par value.

SEC. 3. This act shall take effect and be in force on and after its passage.

Passed March 17, 1877.

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

AN ACT

To create two election preciucts in Milton township, Jackson county.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That all that portion of Milton township, in the county of Jackson, included in the following sections, as hereinafter bounded and described: Commencing at the north-west corner of said township; running thence south to the south-west corner of section seven; thence east to the southwest corner of section nine; thence north to the north-east corner of section four; thence east to the south east corner of section thirty-three; thence north to the north-west corner of section thirty-three; thence west with the township line of said township to the place of beginning, including all the territory in sections thirty-one, thirty-two, thirty-three, four, five, six, seven, eight, and nine, shall constitute an election precinct, and be known as the Wellston precinct; and all that part of Milton township not contained in the above described territory shall constitute another precinct, to be known as Milton township precinct.

SEC. 2. That all elections shall be held in the first described precinct in the incorporated village of Wellston, and all elections shall be held in the second described precinct in the town house of said township, as heretofore.

SEC. 3. This act shall take effect and be in force from and after its passage.

Passed March 19, 1877.

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

AN ACT

To change the time for holding the second and third terms of the court of common pleas in the counties of Miami and Champaign, for the year 1877.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the times for holding the second and third terms of the court of common pleas in the county of Champaign, as fixed by the judges of the second judicial district, be and the same are hereby changed, and that said terms be held on the fourteenth day of May, and the fifteenth day of October, A.D. 1877, respectively, instead of on the eleventh day of June, and the twenty-sixth day of November in said year, as fixed by said judges.

SEC. 2. That the times for holding the second and third terms of the court of common pleas in the county of Miami, as fixed by the judges of the second judicial district, be and the same are hereby changed, and that said terms be held on the eleventh day of June, and the twentysixth day of November, A.D. 1877, respectively, instead of on the fourteenth day of May, and the fifteenth day of October, in said year, as fixed by said judges.

SEC. 3. This act shall take effect and be in force from and after its passage.

Passed March 19, 1877.

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

President of the Senate.

AN ACT

To provide for the straightening, clearing out, widening, deepening and otherwise improving water courses in the counties of Henry and Wood, in the state of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the county commissioners of the counties of Wood and Henry, shall have power, as hereinafter provided, if in their opinion the same is demanded by, or will be conducive to the public health, convenience and welfare, or is necessary for the drainage of any roads, railroads or lands in said counties, to cause to be cleaned out, widened, deepened, straightened or otherwise improved, the following water course or water courses, to wit: commencing at or near the center of section thirty-three (33), in township three (3) north, range eight (8) east, in Henry county, Ohio, in the bed or channel of a natural water course, called Brush creek; thence down said Brush creek, following the general course thereof, to the county line between the counties of Henry and Wood; thence north along said county line to a creek called Beaver creek; thence down said Beaver creek to the Maumee river, and there terminate.

SEC. 2. That whenever one or more persons owning lands adjacent to the water course or water courses described in section one of this act, shall file a petition with the county auditor of either of the counties of Wood or Henry, addressed to the commissioners of said counties, setting forth the necessity for such clearing out, widening, deepening, straightening and otherwise improving the water course or water courses described in this act, and shall at the same time file a bond with said petition, the amount and sureties to be approved by the county auditor, with whom said petition and bond shall be filed, and conditioned to pay all the costs and expenses incurred in case the commissioners shall refuse to grant the prayer of the petition, or shall fail to establish said improvement, it shall be the duty of the county auditor with whom such petition and bond is filed, to immediately notify the commissioners of each of said counties of the filing of such petition and bond, and it shall be the duty of such commissioners to meet in joint session as soon thereafter as practicable, at such time and place as they shall agree upon. In all joint sessions of said boards of commissioners, two members from each county shall be necessary for a quorum and for the transaction of business, and the auditor of the county in which such meeting shall be held, shall act as clerk of the board, and shall make out and forward to the auditor of the other county, a duplicate of the record of the proceedings of said joint session of the commissioners of said counties, and when so met in joint session, they shall appoint an engineer to survey and level the route of said proposed improvement, and said engineer shall thereupon take to his aid the necessary assistance, and proceed to make an accurate survey and level of the route of said proposed improvement, and shall return to each of the county auditors a plat and profile of said proposed improvement, together with a complete report of his survey and levels, which shall set forth a definite description of the proposed improvement, its availability and necessity, with a description of the lots, lands, roads and railroads, that will be benefited by said improvement, how they will be affected thereby, and the estimated expense of said improvement, for each half mile of the same, the depth of excavation and dimensions of said ditch; drain or water course, at least every hundred feet, and fix a grade line. The profile of the engineer shall show the number of each station and length thereof, numbered progressively down stream; and the number of cubic yards of earth to be removed from each station. The plat of the engineer shall show the route of the ditch and the lots, lands, roads and railroads that will be benefited by the construction of said ditch, drain or water course. The report of the engineer shall specify the manner in which the work should be done, the necessary flood gates, water ways, bridges and farm crossings, together with such other facts and suggestions as they may deem material. Immediately after the filing of the reports of the engineer, the commissioners of the two counties shall agree upon a time and place for hearing said report, and it shall be the duty of the county auditor of each county respectively, to cause notice to be given of the filing of said petition and report, and the pendency and prayer of said petition, and the time and place set for hearing thereof by said joint board of commissioners, at which time they will establish the same, to be given by publication for two (2) consecutive weeks in some newspaper published and of general circulation in his county; said notice shall be given to land owners in the county in which the land is situated.

SEC. 3. That any person or persons claiming compensation for lands or property appropriated, or who shall sustain any damage by the clearing out, widening, deepening, straightening, or constructing of said ditch, drain or water course, shall make his, her or their application in writing therefor to the said commissioners, describing the property upon which damages or compensation is claimed, and file the same with the county auditor of said county where the land is situated, at least three days before the day set for hearing the petition, and on failing to make such application, shall be deemed and held to have waived his, her or their right to such compensation and damages.

SEC. 4. Upon the hearing of the petition and the report of the engineer, as mentioned in section two (2) of this act, the said joint board of commissioners shall, if they find that the requirements of the second section of this act have been complied with, and if, in their opinion, the public health, convenience and welfare, and the drainage of roads and lands demand it, make an order that said improvement be made, which order shall state the kind of improvement, and the width and extent of the same, and the lands which shall be assessed for the expense of the same, and they shall thereupon appoint a competent engineer to superintend the performance and completion of said work, who shall give notice for at least one week of the time and place, when and where he will let contracts for the performance of the same, which notice shall be given by publication in some newspaper in each of said counties, published and of general circultion in said counties respectively, and by posting one notice upon the door of the auditor's office, in each of said counties, and not less than ten (10) such notices in public places in the vicinity of said ditch improvement, and who shall, with the approval of the county commissioners of said counties of Wood and Henry, when in joint session, make a contract or contracts for the completion of the work, and the contractor or contractors may at once enter upon the performance of the same under the superintendence of the engineer so appointed as aforesaid: provided, that said improvement shall be let in sections of not less than one-half mile, and to the lowest and best bidder, who shall give bond, with such reasonable security for the proper performance of his contract within the time and in the manner described, as the joint board of commissioners of said counties may deem sufficient.

SEC. 5. The commissioners of said counties, when such improvement shall have been ordered by them, shall immediately, upon actual view of the premises along the route of said ditch improvement, apportion the expense of said improvement, including the costs of compensation for lands apportioned and damages sustained, and all other expenses of this location and establishment of said ditch improvement, upon the real property embraced in the order aforesaid, according to the benefit to be derived therefrom. When the apportionment shall have been made, the county auditors of said counties of Henry and Wood, shall give notice of the same by publication, in tabular form, in some newspaper published and of general circulation in their respective counties, for two consecutive weeks, and of the time and place when and where the county commissioners of said counties of Henry and Wood will meet to hear exception to the same. On the day named in said notice, the said commissioners shall meet, and if no exceptions have been filed to said apportionment, they shall confirm the same, but if exceptions in writing have been filed by any of the owners of lands affected thereby, they shall first proceed to hear such exceptions, and for that purpose shall hear any testimony that shall be offered by any party interested, and either one of said commissioners shall be authorized to administer oaths to witnesses, and upon such hearing they may either confirm said apportionment or change the same, and the final action of the said joint board of commissioners shall be entered upon their records in each of said counties, and shall show how the said expense has been apportioned upon the lands ordered to be assessed as aforesaid. The said joint board of commissioners shall have full authority to determine the manner in which the assessments shall be made, and the amount of the expense of the preliminary survey, costs of location, and establishment and costs of construction which each county shall pay. The county auditor of each of said counties, shall assess in such installments the amount of said apportionment to the said several tracts of land, town lots, highways, roads or railroads within their respective counties, to which the same has been as aforesaid apportioned by said joint board of commissioners, and place the said assessment upon the tax duplicate in each county, and said assessment shall be collected as taxes are now by law collected: provided, that all the costs and expenses of the preliminary survey, proceedings and apportionment of said improvement, shall be paid out of the county treasuries respectively, as are authorized by the joint board of commissioners.

SEC. 6. That for the purpose of raising the money necessary to meet the expense of said improvement, the commissioners of each of said counties are hereby authorized to issue the bonds of their county, in amounts as determined by said joint board, payable in installments, or at intervals, not exceeding in all the period of five years, bearing interest at the rate not to exceed seven per cent. per annum, payable semiannually, which bonds shall not be sold for less than their par value; and the said assessment shall be divided in such manner as to meet the payments of principal and interest of said bonds, and so be placed upon the said tax duplicate against the lands assessed, and be collected in the same manner as other taxes are, and when collected, the money arising therefrom shall be applied to no other purpose than the payment of said bonds and interest; provided, that no bonds shall be delivered or money paid to any contractor, exempt [except] upon estimate of work done, as the same progresses or is completed, which estimate shall be made by the engineer of said improvement, and approved by one or more of said county commissioners, as said joint board may direct: and provided further, that the moneys paid out of either of said county treasuries by authority of this act, shall be reimbursed to said county treasuries out of the first collections from the first levy of taxes authorized by this act.

SEC. 7. For the purpose of keeping said ditch, drain or water course free from drift wood, brush or other obstructions, the joint board of county commissioners shall be authorized to levy, from time to time, such an amount of tax on the lands so benefited, and heretofore assessed for the said improvement, as in their judgment may be deemed sufficient to keep such water course in good repair, and said amount so levied, shall be applied to the removing of such drift wood or other obstruction, under and by direction of said commissioners, in such manner as they may deem best, and they shall enter an order upon their journal specifying the amount to be levied for such purpose, and the portion or portions of such ditch, drain or water course to be freed, and the same shall be collected and applied according to the previous provisions of this act.

SEC. 8. The compensation of persons employed under this act shall be fixed by the joint board of county commissioners, and shall not exceed three dollars per day: provided, that the surveyor or engineer, and the county auditor shall receive such compensation for their services as is now or may be fixed by law for the compensation of the county surveyor and county auditor respectively, for like services in other cases: and provided further, that the fees of printers for the notices herein provided for, shall be the same as are now or may be hereafter provided by law for printing the delinquent tax list, and no more.

SEC. 9. The said joint board of county commissioners may, when such