Appeal to probate court allowed.

Jury to be impanneled in probate court.

SEC. 7. It shall be lawful for any person or persons interested in such improvement determined upon by said commissioners, to take an appeal from the proceedings of said commissioners to the probate court of the proper county, by giving written notice thereof to the auditor of such county within five days after the decision of said commissioners, and by filing with such auditor a bond, with two or more sufficient securities, conditioned to pay all costs made upon such appeal, in case the decision of said commissioners shall be sustained in said probate court, which bond shall be made to the acceptance of said county auditor and the probate judge of such county, their acceptance to be indorsed on the same, and filed by the probate judge with the other papers in the case. The county auditor shall, at the request of any person so appealing, his agent or attorney, make out and deliver to such person, his agent or attorney, a full and complete transcript, duly certified, of the proceedings had in the case, which transcript shall be filed with the probate judge of such county within ten days from the filing of such bond.

SEC. 8. It shall be the duty of the probate judge, upon the filing of such bond and transcript, as provided for in the seventh section of this act, to impannel a jury of twelve disinterested freeholders of the county, who shall constitute a jury for such case; and said probate judge shall issue notice of such appointment, directed to the sheriff of such county, returnable on a day not exceeding thirty days therein named, which notice shall specify the time of meeting of said jury in said probate court; that it shall be the duty of the applicant to notify all persons so interested in the improvement contemplated in this act, of the time fixed by the probate court for the meeting of said jury, and if any person interested in said improvement shall reside out of the state, or can not be served in writing with such notice, said probate judge, being notified of the fact, shall cause such notice to be published for three successive weeks in some newspaper printed or of general circulation in said county; that proof of the publication of such notice shall be filed with such probate court before the meeting of such jury, together with the proof of the service of such notice in writing on all persons interested, as aforesaid, at or before the time so speci

Proviso. fied; provided, that in all cases where two or more persons shall have taken an appeal according to the preceding section of this act, the probate judge shall order the consolidation of such cases into one case, and the rights of all the parties in interest shall be investigated by the jury in the one case thus consolidated.

SEC. 9. That at the time specified in said notice, said probate judge shall hear and determine all questions pertaining to such cases, and shall thereupon administer an oath to said jury faithfully and impartially, and upon actual view, if so required by either party, to proceed to determine whether such improvement will be conducive to the health, conven

ience, or welfare of the citizens of said county, and the jury shall file such report with the probate judge within five days after taking such oath, unless the court, for good cause shown, shall allow further time. If, on the hearing of the proceeding referred to above in this section, the probate judge shall find that the proceedings in appeal have not been perfected, he shall dismiss the appeal at the costs of the appellant or ap pellants, and certify such dismissal back to the commissioners of the proper county, who thereupon shall proceed as if no appeal had been taken; provided, that such judge may, in his discretion, order and allow the correction of any technical defect, error, or omission in making such appeal.

SEC. 10. Upon the return of the said jury, the probate judge shall make a record of all their proceedings had in such case before him, and shall also make such order as to payment of costs in said proceedings as are provided by law in similar cases, which costs, together with those made before said commissioners, shall be divided, to be paid in fair proportion among the appellants, in conformity to the report of said jury; provided, that if the report of said jury shall not be in favor of the appellant or appellants, all costs made on such proceedings in said probate court, shall be taxed to and be paid by such appellant or appellants, and collected as judgments at law in other cases; but if two or more persons shall have appealed, and the report of said jury shall be favorable to some and against the other appellants, the probate judge shall apportion said costs equitably among all the appellants, except those in whose favor the report of the jury is made; provided, that the said jury shall be allowed two dollars each per day, together with mileage, as in other

cases.

SEC. 11. But if no appeal shall be taken, as provided for in the seventh section of this act, then it shall be the duty of said county commissioners, upon the expiration of the time specified by them for finishing said improvement, and upon being satisfied, by inspection and view, that any part of such improvement has not been completed, shall proceed to sell the same to the lowest responsible bidder, by first giving notice of such sale at least two weeks in some newspaper of general circulation in the county where such improvement is located, specifying the time when such work shall be completed, and said commissioners shall take such bond, or other security, for the performance of such work, as they may deem proper; and immediately after the sale of such unfinished improvement, as is contemplated in the third section of this act, said county commissioners shall certify to the county auditor the amount each section sold for, together with a correct description of each piece of land, and the auditor shall place the same on the duplicate, to be collected as other state and county taxes are collected. As soon as such work shall be completed in conformity with such sale, and to the satisfaction of the commissioners, said commissioners

If work not completed according to

Amount due each person

auditor.

shall certify the amount due each person to the auditor of the proper county, and said auditor shall draw orders for the to be paid by payment of such amount out of the county treasury; provided, that any person interested may pay the amount of the purchase money to said county commissioners, at any time before the same is charged on the duplicate, to be paid by said commissioners to the purchasers of such section or sections respectively.

Power of commissioners in keeping channel open.

SEC. 12. The county commissioners shall have the same power to keep the natural channel of any living stream or streams of water in any county in this state free and clear of all drifts, timber, or other obstructions, in the same manner as is provided in this act for clearing the same; provided, that nothing in this act shall be construed to interfere with any mill-dam or water-works already constructed, or to be constucted, on any stream or streams in this state, or the placing of flood-gates across any such stream, but such floodgates shall be made in such manner as not to materially obstruct the passage of water in any such stream or streams.

SEC. 13. That the act passed March 4, 1869, giving the township trustees power to remove drift timber, and other obstructions from the natural channel of streams, and to protect lands from overflow, be and the same is hereby repealed.

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

C. H. GROSVENOR, Speaker of the House of Representatives. THOS. L. YOUNG,

President of the Senate.

Passed February 22, 1877.

Charter for

savings, etc., may continue after expira

tion of char

ter in certain cases.

To have a

surplus fund of five per

cent., etc., of

amount of

deposits--be

AN ACT

To extend the charters of societies for savings.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That "societies for savings" and "savings societies," now doing business, whose charters are subject to alteration or repeal, may continue their business under their respective charters, after the expiration thereof, subject, however, to the repeal of any such charter and to such amendments, alterations, rules, and regulations as may be prescribed, from time to time, by any laws of the state.

SEC. 2. That before any dividend or interest on deposits shall be paid, it shall be the duty of such societies to have a surplus fund equal to not less than five percentum of the whole amount of deposits; and it is made the duty of such societies to gradually increase such surplus fund to an amount equal to ten percentum of the amount of deposits.

SEC. 3. That it shall be the duty of the president and treasurer of each and every society to make during the month of June, annually, in writing, to the auditor of state, an accurate statement of the financial affairs of said societies, and the auditor of state shall cause the same to be investigated and examined by two suitable persons, appointed by said auditor of state, who shall, within a reasonable time, report to said auditor of state the result of said investigation and examination, with such suggestions as to them may seem right and proper. The report of the president and treasurer, with the report of the examiners or such portion of the same as the auditor of state may deem advisable, shall be published in some newspaper printed and having general circulation within the county as directed by the auditor of state. The auditor of state shall allow said examiners a reasonable compensation for their services, and such compensation with the cost of publication shall be paid by said societies.

SEC. 4. That this act shall take effect from and after its passage.

O J. HODGE,

Speaker pro tem. of the House of Representatives.

Passed Pebruary 15, 1877.

THOS. L. YOUNG,

President of the Senate.

AN ACT

Supplementary 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 [S. & vol. 1, p. 276], and re-enacted by section three of an "Act entitled an act to provide for and regulate street railroad companies, passed and took effect April 10, 1861. [S. & S., p. 134.]

"

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the above recited act, passed May 1, 1852, be amended so as to read as follows:

Action of debt and public notice required.

Section 3. That sections five, six, seven, eight, and fourteen of an act entitled "An act to provide for the creation and regulation of incorporated companies in the state of Ohio," passed May 1, A.D. 1852, are adopted and made to be a part of this act: provided, that where the words "action of debt" are used in said act, the same shall be taken and construed to be civil action; and that where public notice is required to be given, the same shall be by publication in a newspaper published in the city, town, or village where the street railroad, or one part and terminus thereof, shall be located; and that such companies may borrow money at a rate of interest not exceeding eight per cent. per annum, and Companies may execute a deed of mortgage, or other instrument of writ

Books to be opened for

ing, to secure the payment of the loan of money so made, or the notes, bonds, or other evidences of indebtedness, that may be so issued therefor, which said mortgage or other instrument of writing, may include the personal as well as the real property, and the franchises, including the franchise of being a corporation, of said company. Said mortgage, or other instrument of writing, shall be recorded in the office of the recorder of the county in which said railroad is located.

SEC. 2. That the persons named in said certificate of incorporation, or any three of them, shall be authorized to or

subscription. der books to be opened for receiving subscriptions to the cap

ital stock of said company, at such time or times, and at such place or places, as they may deem expedient, after having given at least thirty days' notice in a newspaper published or generally circulated in one or more counties where books of subscription are to be opened, of the time or place of opening books; and so soon as ten per centum on the capital stock shall be subscribed, they may give like notice for the stockStockholders holders to meet, at such time and place as they may desigmeeting to nate, for the purpose of choosing not less than three nor more elect directthan seven directors, as may be determined by the stockors. holders of said company, who shall continue in office until the time fixed for the annual election, and until their successors are chosen and qualified. At the time and place appointed, the directors shall be chosen by ballot, by such of the stockholders as shall attend for that purpose, either in person or by lawful proxy. Each share shall entitle the owner to one vote, and a plurality of votes shall be necessary for a choice; but after the first election of directors, no person shall vote on any share on which any installment is due and unpaid.

Inspectors of election.

The persons named in such certificate, or such of them as may be present, shall be inspectors of such election, and certify what persons are elected directors, and appoint the time and place for holding their first meeting. A majority of said directors shall form a board and be competent to fill vacancies in their board, make by-laws, and transact all business of the corporation. A new election shall be annually held for directors, at such time and place as the stockholders, at their first meeting, shall determine, or as the by-laws of the corporation may require; and the directors chosen at any election shall, so soon thereafter as may be convenient, choose one of their number to be president, and shall appoint a secretary and treasurer of the corporation. The directors, before entering on their duties, shall each take an oath or affirmation faithfully to discharge his duties; and they shall, from time to time, make such dividends of the profits of said company as they may think proper.