commission ers. assess value of material. Notice in Section 11. The commissioners shall have power to receive Powers of subscription and donations in money or property, real or personal, which shall be applied to the construction or improvement of said road; and the commissioners shall have the power to contract for and purchase such stone, gravel or other material as may be necessary for the construction and keeping in repair of said road; and if the commissioners and owner or owners of such stone, gravel or other material can not agree on a price deemed fair and reasonable, the commissioners may apply to the judge of the probate court of the county, or if such stone, gravel or other material shall be located in another county than that in which the road is located, then the commissioners of the county in which the road is located shall apply to the judge of the probate court of the county in which such stone, gravel or other material is located, to appoint appraisers to assess the value of said Appraisers to stone, gravel or other material, and thereupon an order shall be entered of record in the office of such probate court, directing that notice in writing shall be served by the said commissioners upon the person whose property is sought to writing. be appropriated, not less than ten days before the further proceedings herein provided for shall be had, and such notice shall contain a brief description of property sought to be appropriated, and the use to which it is to be put, and the time when further proceedings shall be had; and upon the day so fixed it shall be the duty of the probate court Duties of before whom such application is filed, to appoint three dis- probate interested freeholders, who, after being duly sworn to impartially assess the value of the said stone, gravel or other material, or any part of the same, shall enter upon the premises of the owner or owners of said stone gravel or other material, and assess the value thereof; they shall also assess the damages that will accrue to the owner or owners of said stone, gravel or other material by the removal of the same through the premises of such owner or owners. appraisers shall, within ten days after their appointment, return their award to the probate court, and the judge of the probate court shall, upon the return of said award, on application of the commissioners, furnish them a copy of said award, and also a copy to the owner or owners of such property; and thereupon, if neither party signify an intention to appeal to the court of common pleas, the probate court shall at once render a judgment for the amount of compensation and damages by such officers awarded, and order that Compensaupon payment of such sums and costs, such commissioners tion. may enter upon the lands either inclosed or uninclosed, and remove such stone, gravel or other material as may be required to make such road. An appeal from the decision of the appraisers may be allowed to the court of common pleas, if taken within thirty days after the rendering such award. Either party desiring to appeal, shall give notice at the time, or within three days thereafter, of his intention to The court. Appeals may be made. Bond of appellant Jury. appeal to the court of common pleas, and thereupon such probate court shall require such appellant to enter into a bond in such sum, not exceeding the value of the property sought to be appropriated, conditioned that such appellant shall perform the judgment of the court of common pleas, and pay all costs and damages, as may be adjudged or ordered by such court of common pleas, and when such bond shall be filed, the probate court shall send all the original papers in such proceeding, with a certified copy of the journal entries made in such cause; and in such court of common pleas a jury of twelve men shall be impanneled according to law to try and determine the amount of compensation and damages that shall be awarded, and such proceedings shall be had as is now provided by law for condemning private property for public use. But such appeal shall not prevent the immediate entry upon the premises by the commissioners, for the purpose of taking said stone, gravel or other material. SEC. 2. This act shall take effect from and after its passage. Passed April 9, 1877. C. H. GROSVENOR, Speaker of the House of Representatives. H. W. CURTISS, President of the Senate. Construction of bridges. AN ACT To amend an act entitled "An act to amend an act entitled 'An act to enable the common council of any city or incorporated village in this state, having a population of twenty-five hundred inhabitants, or more, through which any of the canals of this state may run, or for the board of county commissioners of the county in which such city or incorporated village may be situate, to construct and maintain for public use, a swing bridge, or self-closing bridge, on any highway where the same crosses such canal within the territory of said city or incorporated village,' passed April 16, 1874 (O. L., vol. 71, p. 84)," passed March 29, 1875 (O. L., vol. 72, p. 110). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the above entitled act be so amended as to read as follows: Section 1. That in all cases where it shall be deemed necessary to construct a bridge upon any street, road or public highway, across any of the canals in this state, in any city or incorporated village, having, by the last preceding federal census, a population of two thousand inhabitants, or more, it shall be lawful for the council of such city or incorporated village, or for the board of county commissioners of the county in which such city or incorporated village may be situate, and having lawful authority to construct or erect a bridge on such road, street, or public highway, where the same crosses such canal, to construct, erect, maintain, and keep up for public use, a swing bridge, or self-closing bridge, upon such street, road, or public highway, at such place: provided, however, that no such bridge shall be so constructed or erected without first obtaining, for the model and location thereof, the consent, in writing, of the board of public works. SEC. 2. That the above recited act be and the same is hereby repealed, and this act shall take effect from and after its passage. C. H. GROSVENOR, Consent of board of public works. Passed April 9, 1877. AN ACT Supplementary to the act entitled "An act regulating descents and the distribution of personal estates," passed March 14, 1853 (S. & C. 501), and to the various acts amendatory thereof. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when any person, the relict of any deceased husband or wife, shall die intestate and without issue, possessed of any real estate, or personal property, which came to such intestate from any former deceased husband or wife, under the provisions of the second section of this act, to which this act is supplementary, then such estate, real and personal, shall pass and descend, one-half to the brothers and sisters of such intestate, or their legal representatives, and one-half to the brothers and sisters of such deceased husband or wife from which such personal or real estate came, or their personal representatives. SEC. 2. This act shail take effect from and after its passage. Passed April 11, 1877. C. H. GROSVENOR, President of the Senate. AN ACT To amend section one hundred and four of the act entitled "An act to establish a code of criminal procedure for the state of Ohio," and to repeal certain acts therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one hundred and four of the act entitled "An act to establish a code of criminal procedure for the state of Ohio," be so amended as to read as follows: Section 104. That the court before whom any person shall be indicted for an offense which is capital, or punished by imprisonment in the penitentiary, is hereby authorized and required to assign such person counsel, not exceeding two, if the prisoner has not the ability to procure counsel, and they shall have access to the prisoner at all reasonable hours; and it shall not be lawful for the county auditor of any county in this state to audit or allow any account, bill, or claim hereafter presented by an attorney for services performed under the provisions of this act until said account, bill, or claim shall have been examined and allowed by the commissioners of the proper county, and the amount so allowed for such services, certified by said commissioners; provided, that the amount allowed in any case of homicide shall not exceed one hundred dollars, and in any other case fifty dollars; and, provided further, that no other further or different amounts shall be paid or allowed for such services under the provisions of any other law, and all laws or parts of laws inconsistent with this act are hereby repealed. SEC. 2. Original section one hundred and four (104), of the act hereby amended, as amended January 5, 1871, as amended February 20, 1874, and also the "act to amend section fourteen of an act directing the mode of trial in criminal cases, passed March 7, 1831, as amended by an act passed March 14, 1862, as amended by an act passed February 1, 1864 (S. & C., 1183; Swan's R. S., 725; 59 vol. stat., 26; S. & S., 612), passed April 18, 1870," passed March 3, 1875 (O. L., vol 72, p. 46), and all of said acts are hereby repealed. SEC. 3. 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, Passed April 11, 1877. President of the Senate. AN ACT To amend section four of an act entitled an act to amend the act entitled "An act for the regulation of Turnpike Companies" (S. & C., page 337.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of the above recited act be amended so as to read as follows: Section 4. That at any regular meeting of a turnpike company, when the road for which they were incorporated is completed, they may reduce the number of their directors to any number not less than three. SEC. 2. That said original section four, be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. Passed April 11, 1877. C. H. GROSVENOR, H. W. CURTISS, President of the Senate. AN ACT Supplementary to an act entitled "An act to provide for the apportionment of trustees, and disposition of moneys, property and assets held in trust for building soldiers' monuments," and also supplementary to an act entitled "An act supplementary to an act to provide for the apportionment of trustees, and disposition of money, property and assets held in trust for building soldiers' monuments (O. L. 68, 122; 0. L. 72, 60.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That where any building has been erected in this state by and under the provisions of the act to which this is supplementary, and said building is in an incomplete condition, and can not be completed for the want of funds collected and authorized to be collected by the provisions of said acts, that the trustees of such soldiers' monumental building association be and they are hereby authorized to issue the bonds of such association, in any sum not exceeding five thousand dollars, and apply the proceeds arising from the sale of said bonds to the completion of such building. Issue bonds. SEC. 2. Said bonds shall be issued in such sums, and made payable at such times as will, in the opinion of said Interest. trustees, best subserve the negotiation of the same, and shall bear interest at eight per centum per annum from date of issue. interest payable semi-annually: provided, that the aggregate amount of said bonds shall not exceed the said sum of five thousand dollars, nor shall any of said bonds run for a longer time than ten years from the date of the first issuance. SEC. 3. Said bonds shall be signed by the president of said board of trustees, and countersigned by the secretary or clerk thereof. SEC. 4. In order to provide for the payment of said bonds, and the interest thereon, the said trustees shall apply the proceeds arising from the rent of such building (after deducting the current expenses) to the payment of the same. SEC. 5. Said bonds shall not be sold for less than par. |