or before the third Monday in January of each year, shall file with the clerk of the court of common pleas, of the county in which said corporation is located, an abstract of said account; and which abstract shall correspond in date, amount, person to whom paid, and from whom received, and on what account, with the voucher taken or given on account of such receipts and disbursements; and the said trustees shall at the same time. annually, file in said clerk's office a report of the names of the donors, the kind, amount, or value of gifts of each, and a brief statement of the conditions and the purposes of the gifts. The filing of said abstract and report, and requiring any omission in either to be supplied by said trustees, may be enforced by order and attachment of the court of common pleas of the proper county, on motion of any respectable citizen. SECTION 5. No trustee shall be eligible to any office or agency of the corporation to which any salary or emolument is attached, nor shall the trustees be allowed any salary, emoluments, or perquisites whatsoever, except the right of free ingress to the grounds, rooms, and buildings of the corporation. SECTION 6. On application in writing to the attorneygeneral of five citizens of the proper county, verified by the oath or affirmation of one of them, setting forth specific charges against any of the fiscal or other agents or trustees of such corporation, involving a breach or breaches of trust or duty, it shall be the duty of the attorney-general to give notice thereof to the trustees or agents complained of, and to inquire into the truth of such charges; and for this purpose he may receive affidavits, or enforce, by process from the court of common pleas of Franklin county, the production of papers and the attendance of witnesses before him; and if, on testimony or other evidence, he believes the said charges, or any of them, to be true, shall proceed, by petition and suit in said court, in the name of the state, against the delinquent trustee or trustees, fiscal agent or agents, and, on hearing, the court may render a decree directing the performance of any duty, or the removal of all or any of the agents or trustees, and decree such other and further relief as may be equitable. SECTION 7. Such corporations shall not create any capital stock to be held by individuals, nor create any debts, nor incur any liabilities beyond the means and assets of said corporation derived from devises, bequests, donations, and gifts; and if said trustees contract debts or incur liabilities beyond the apparent means or assets of said corporation, the trustees so contracting shall be held liable, in their individual capacity, for the same, after exhausting the funds or assets which in accordance with trusts, may be applicable to the payment of such debts or liabilities. SECTION 8. This act shall take effect and be in force from To amend the act entitled "an act to authorize cities of the first class to issue bonds for university purposes," passed April 27, 1872. (69 O. L., 164.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two of the said act be amended so as to read as follows: Section 2. If any bonds of such city have been, or shall be hereafter issued, as provided in the foregoing section, it shall be the duty of the board of education of such city, annually thereafter, to include in the tax levy for school purposes a levy on all the taxable property of said city of one-tenth of one mill on the dollar valuation thereof on the duplicate, and the proceeds thereof shall be paid into the city treasury, and shall be pledged and applied by the common council of such city in payment of the interest which may accrue on said bonds, and as a sinking fund, not exceeding four (4) per cent. yearly on the amount of the bonds so issued, for the redemption of the principal, and the residue, any, of such tax shall be paid over to the board of directors of such university every year, for the support of such university, college, or institution of learning: Provided, that whenever said bonds and the interest thereon shall have been fully paid, the board of education of such city may exercise the discretion conferred upon said board by the fifth section of the aforesaid act of April 16, 1870. (67 O. L., p. 87.) if SECTION 2. That said original section two of said act be and is hereby repealed, and this act shall be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Passed May 8, 1878. JABEZ W. FITCH, President of the Senate. [Senate Bill No. 141.] AN ACT To change the common pleas districts of the state, and to give greater efficiency to the common pleas and district courts, and to repeal certain parts of an act therein named. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the state shall be divided into five common pleas districts, as follows: Second dis trict. The county of Hamilton shall constitute the first district. First disThe counties of Butler, Preble, Darke, and Montgomery shall trict-how constitute the first subdivision; the counties of Champaign constituted. and Miami, the second subdivision; the counties of Warren, Clinton, Greene, and Clarke, the third subdivision; the counties of Clermont, Brown, and Adams, the fourth subdivision; the counties of Ross, Highland, and Fayette, the fifth subdivision; the counties of Pickaway and Madison, the sixth subdivision; and the county of Franklin the seventh subdivision of the second district, and together shall constitute such district. trict. The counties of Logan, Union, and Hardin shall constitute Third disthe first subdivision; the counties of Shelby, Auglaize, Allen, Mercer, Van Wert, and Putnam, the second subdivision; the counties of Paulding, Williams, Fulton, Defiance, and Henry, the third subdivision; the counties of Seneca, Hancock, Wyandot, Crawford, Marion, and Wood, the fourth subdivision; the counties of Lucas, Ottawa, Sandusky, Erie, and Huron, the fifth subdivision; the counties of Morrow, Richland, and Ashland, the sixth subdivision of the third district, and together shall constitute such third district. The county of Cuyahoga shall constitute the first sub- Fourth disdivision; the counties of Lorain, Medina, and Summit, the second subdivision; the counties of Geauga, Lake, and Ashtabula, the third subdivision; the counties of Carroll and Columbiana, the fourth subdivision; the county of Stark, the fifth subdivision; the counties of Trumbull, Portage, and Mahoning, the sixth subdivision of the fourth judicial district, and together shall constitute such fourth district. The counties of Fairfield, Hocking, and Perry shall constitute the first subdivision; the counties of Jackson, Vinton, Pike, Scioto, and Lawrence, the second subdivision; the counties of Gallia, Meigs, Athens, and Washington, the third subdivision; the counties of Muskingum, Morgan, Noble, and Guernsey, the fourth subdivision; the counties of Belmont and Monroe, the fifth subdivision; the counties of Jefferson, Harrison, and Tuscarawas, the sixth subdivision; the counties of Licking, Knox, and Delaware, the seventh subdivision; the counties of Wayne, Holmes, and Coshocton, the eighth subdivision of the fifth judicial district, and together shall constitute such fifth district. SECTION 2. In each judicial district three common pleas judges shall be designated and assigned to hold the district Fifth dis trict. courts in such district: provided, that if any judge of the supreme court be present, he shall be a member of and preside at such court; and provided further, that the other common pleas judges of the district shall not be by this act precluded from sitting as members of said court. SECTION 3. The supreme court, or a majority of the judges thereof, shall designate said three common pleas judges in each district, and by rule of court, or otherwise, arrange for a presiding judge in holding district courts. SECTION 4. Said designated judges shall not be required to hold common pleas courts, and shall continue to act as such district court judges until the expiration of their several terms for which elected, unless sooner relieved by assignment otherwise by the judges of the supreme court; and in fixing the terms of courts in each of said districts, a majority of said designated judges shall fix the times for holding district courts, and they, with the other common pleas judges, the times for holding the common pleas courts, as now provided by law. SECTION 5. The common pleas judges, or any of them, not assigned to the holding of district courts, may be required to hold common pleas court or courts, in any county of the district when necessary, but shall not be permanently transferred to any other subdistrict, nor required to perform judicial duties in any subdistrict other than that of his election, except when, in the opinion of the designated district judges, or a majority of them, his services are needed elsewhere. SECTION 6. For the purpose of assuring the prompt holding of courts authorized by law, and their continuance sufficiently to transact pending business, and to have additional judicial force, when necessary, in any court, the common pleas judges not assigned, as aforesaid, to hold district courts, shall be subject to the orders of the judges so assigned, or a majority of them; and said judges so assigned shall be subject to the orders of the supreme court, or a majority of the judges thereof. SECTION 7. The said assigned judges shall be allowed mileage for the distance outside of the counties of their respective residences that they may be required to hold district courts, the same as now allowed to members of the general assembly. SECTION 8. That section seventeen of the act entitled "an act to establish the superior court of Cincinnati," passed April 7, 1854, and all portions of said act conferring upon said superior court at general term jurisdiction to entertain petitions in error, and to reverse, vacate, or modify judg ments and orders of said court at special term, shall be and are hereby repealed. All proceedings in error which shall be pending in said court on the first Monday of October, 1878, shall be by said court at once certified to the district court of the first judicial district, and the clerk shall forthwith transmit to said district court the papers in such cases, with a transcript of the docket and journal entries therein. Said district court shall thereupon have full jurisdiction of such cases, and the conditions of all undertakings therein shall apply to the orders and decrees of said district court, and from and after said time final judgments and orders of said superior court may be reversed, vacated, or modified by said. district court in the same manner and by like proceedings as judgments and orders of the court of common pleas. SECTION 9. This act shall take effect on the first Monday of October, A.D. 1878. JAMES A. NORTON, Speaker pro tem. of the House of Representatives. President Passed May 10, 1878. [Substitute for Senate bill No. 4.] AN ACT Supplementary to an act "to amend, revise, and consolidate the statutes relating to crimes and offenses, and to repeal certain acts therein named, to be known as title one, crimes and offenses, part four of the act to revise and consolidate the general statutes of Ohio," passed May 5, 1877, vol. 74, p. 240. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall be unlawful for any person, firm, company, or corporation to issue or use any scrip, token, check, draft, or certificate of indebtedness, payable otherwise than in money in the payment of or accounting to any person for the wages of work and labor. Unlawful to pay wages in scrip, check, draft, etc., payable otherwise than in money. Unlawful to issue or cir SECTION 2. It shall be unlawful for any person, firm, company, or corporation to issue, use, or circulate, or cause to be issued, used, or circulated any check, token, promise in writing, or evidence of indebtedness, designed, intended, or calculate same. culated to be circulated or issued as money or in lieu of money, other than lawful money of the United States. SECTION 3. Any person or persons offending against any of the provisions of this act, shall be held guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction, shall be fined in any sum not less than ten dollars nor more than one hundred dollars. SECTION 4. This act shall take effect from and after its passage. JAMES A. NORTON, Speaker pro tem. of the House of Representatives. JAMES W. OWENS, Penalty. Passed May 10, 1878. President pro tem. of the Senate. |