Section 5. That after deducting from the whole amount of the costs, fees, per centages, penalties, allowances and perquisites collected by said officers, collectively, during each year, the amount allowed and paid for the compensation of deputies, clerks, bookkeepers and other assistants, and other necessary expenses of said officers, each shall be allowed to receive, as annual compensation for his services, out of the costs, fees, per centages, allowances, perquisites and penal. ties so collected and paid into the fee fund, as follows: Clerk, five thousand dollars; sheriff, five thousand dollars; treasurer, seven thousand dollars; auditor, five thousand dollars; recorder, three thousand five hundred dollars, and probate judge, five thousand dollars, which sum shall be paid to them quarterly out of the fee fund, upon the warrant of the county auditor; it being the intent and meaning of this act to limit the maximum annual compensation, from every source, of the officers named in the first section of this act, to the sums named in this section.

To be paid into county treasury.

Section 6. That each of said officers named in the first section of this act, shall, at the end of each quarter, pay into the county treasury, on the warrant of the county auditor, to the credit of the fee fund, and account for to the county commissioners, for the use of the county, all the fees, costs, penalties, per centages, allowances and perquisites of every sort collected by him during said quarter; but if at the close of Deficiencies any quarter the amount of fees, costs, per centages, allowances or penalties in the fee fund, shall not be sufficient to pay to them the proportion due them for their own use as herein limited, they shall be entitled to receive the amount of any such deficiency out of the fee fund as created by collections subsequently made, in any succeeding quarter or quarters, from the official costs, fees, per centages, allowances and penalties earned and charged by them, after deducting there. from the amounts allowed for the compensation of the deputies, clerks, bookkeepers and assistants as herein before provided, and this provision shall apply to any such deficiency heretofore accrued and now existing; it shall be the duty of Duty of sherthe sheriff, at the expiration of his official term of office, or iffs. within ten days thereafter, to pay over to his successor in office all moneys that may be in his hands, under any execution, order for sale or other legal process of whatever kind, or the proceeds arising from any sale of real or personal property by him previously made, and where he holds the same awaiting an order of court for confirmation of sale or distribution of proceeds. And it is hereby further provided Duty of fee and made the duty of the fee commissioner in counties to commissionwhich this act is applicable, to investigate and examine the books and accounts of any or all officers named in the fifth section of this act, for the purpose of ascertaining whether or not the said officers have rendered true and correct ac counts, in their sworn quarterly statements, of all the official costs, fees, per centages, allowances and perquisites, of every kind, including moneys received for advertising property for sale by order of court; and the said fee commissioner is hereby

er.

Exemption from liability.

authorized to send for persons and papers, and examine witnesses under oath; and if the said fee commissioner should find that any officer herein named has failed to pay over any part of such fees, perquisites, allowances or commissions, from whatever source, he shall be liable to be proceeded against as is provided for in the act to which this is amendatory.

Section 7. Nothing in this act shall be so construed as to make the county, or the county commissioners of any county, liable to any of the officers named herein, or their deputies, clerks, bookkeepers or assistants, for the payment of any salary or compensation, except out of the fee fund of such county.

SEC. 2. That original sections five, six and seven be and they are hereby repealed.

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

CHARLES H. BABCOCK,

Speaker pro tem. of the House of Representatives.
ALLAN T. BRINSMADE,

President pro tem. of the Senate.

Passed February 14, 1873.

Appropriation.

Arsenal.

Salaries

AN ACT

Making partial appropriations for the year 1873.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there be and hereby is appropriated out of any money in the treasury to the credit of the general revenue fund, and not otherwise appropriated, the following sums, to wit:

ARSENAL.

To pay for labor, tools, fuel and materials at the state arsenal, including the care and transportation of arms within the state, to be expended under the direction of the adjutant general or the person who by law has charge of the same, two hundred and forty-two dollars.

SALARIES OF STATE OFFICERS AND CLERKS.

For salaries of the governor, lieutenant governor, auditor of state, treasurer of state, secretary of state, comptroller of state officers the treasury, state commissioner of common schools, superintendent of insurance, attorney general, clerk of the supreme court, private secretary of the governor, commissioner of railroads and telegraphs, state librarian, law librarian, and supervisor of public printing and binding, ten thousand dollars.

Judges.

For the salaries of the judges of the supreme court, the court of common pleas and superior courts, thirty-six thousand five hundred dollars.

For the salaries of the clerks in the office of the auditor of state, two thousand dollars.

For salaries of the clerks in the office of the treasurer of state, thirteen hundred dollars.

For salaries of the clerks in the office of the secretary of state, including the necessary services required in carrying out the provisions of the act in relation to a bureau of statisties, passed April 17, 1868, 65 O. L. p. 92, fifteen hundred and fifty dollars.

For salaries of clerks in office of the comptroller of the trea sury, six hundred dollars.

For salaries of clerks in the office of the state commissioner of common schools, six hundred dollars.

For salaries of clerks in insurance department, one thousand dollars.

For salary of executive clerk, three hundred dollars.
For salary of clerk in office of commissioner of railroads
and telegraphs, four hundred dollars.

For salary of attorney general's clerk, one hundred dollars.
For salary of state librarian's clerk, three hundred dollars.
For salary of adjutant general, five hundred dollars.
For salaries of clerks in office of the adjutant general, six
hundred dollars.

For salary of assistant clerk in the office of the clerk of the supreme court, twelve hundred dollars.

STATE BINDING, PRINTING AND STATIONERY.

For binding for the state, in according with existing laws, eight thousand dollars.

To pay for printing for the state, ten thousand dollars. To pay Robert Clarke & Co. for printing and binding Ohio Reports, as per contract, made under section 13 of the act of April 23, 1872, providing for the printing, binding and delivery to the state of 350 copies, each of 17 volumes of the Ohio Reports, fourteen thousand eight hundred and seventyfive dollars.

For stationery and blank books, including printing paper and articles necessary for the use of the general assembly and public officers in the state house, twenty-six thousand dollars.

STATE HOUSE AND GROUNDS.

Clerks.

Adjutant general.

Printing and binding.

Stationery,

State house

For the ordinary expenses of taking care of the state house and grounds, and preparing the halls for the general assembly, and grounds fifteen hundred dollars.

For wages of employes under direction of the officer having charge of the state house and grounds, fifteen hundred dollars.

For the purchase of fuel for the state house, six hundred dollars.

For deficiency for the purchase of fuel for the state house, two thousand dollars.

For gas consumed in the state house, one thousand dollars. For necessary repairs of the heating apparatus of the state house, eight hundred dollars.

Contingent expenses.

Messengers' per diem.

Distributing laws, &c.

CONTINGENT EXPENSES OF THE GOVERNOR AND OTHER
OFFICERS.

For contingent expenses of the governor, eight hundred dollars.

For contingent expenses of auditor of state, four hun. dred dollars.

For contingent expenses of treasurer of state, two hundred dollars.

For deficiency in contingent expenses of the treasurer of state, one hundred and fifty-dollars.

For the employment of clerk to aid in settlement of treas urer's accounts, to be drawn from the treasury at any time on proper vouchers, two hundred dollars.

For contingent expenses of secretary of state, three hundred dollars.

For contingent expenses of comptroller of the treasury, two hundred dollars.

For contigent expenses of commissioner of common schools, two hundred dollars.

For traveling expenses of said commissioner in the discharge of his official duties, three hundred dollars.

For contingent expenses of attorney general, one hundred dollars.

For contingent expenses of commissioner of railroad and telegraphs, two hundred dollars.

For contingent expenses of the superintendent of insurance, three hundred dollars.

For contingent expenses of state librarian, one hundred dollars.

For contingent expenses of supreme court, two hundred dollars.

For per diem of messenger of supreme court, two hundred dollars.

For contingent expenses of the clerk of the supreme court, one hundred dollars..

For distributing the laws, journals and public documents, five hundred dollars.

To pay judgments and costs in the case of W. W. Riley, W. W. Riley. against the state of Ohio, rendered December 12, 1872, in the Franklin county common pleas court, seventeen hundred and thirty one dollars and thirty five cents.

General assembly.

LEGISLATURE.

For the per diem and mileage of the general assembly, their clerks, assistant clerks, sergeants-at-arms, assistant sergeants at arms, messengers, pages and other employes, under the laws and the resolutions of the senate and house, sixty thousand dollars.

For the expenses of the standing and select committees of both branches of the general assembly, one thousand dollars, to be paid on the order of the chairman of the respective committees, and endorsed by the chairman of the committees on claims of the respective houses.

For the contingent expenses of the general assembly, upon vouchers certified by the chairman of the committee on claims and approved by the presiding oflicer of the respective houses, one thousand dollars.

LIBRARIES.

For books, magazines and newspapers for the state library, Libraries. three hundred dollars.

For books for the law library of the supreme court, under

the direction of the chief justice, two hundred dollars.

NIGHT WATCH.

For salary of night watch of state house, under authority Night watch. of the treasurer of state, two hundred dollars.

PUBLIC WORKS.

For incidental expenses of the office and board of public works, two hundred dollars.

For salaries for members of the board of public works, six hundred dollars.

For salaries of the resident engineers, under the authority of the board of public works and the laws, nine hundred dollars.

For salary of clerk of board, three hundred dollars.

To pay the per diem and expenses of the commissioners appointed under the provisions of the act passed April 27, 1872, (O. L., vol. 69, page 176), twelve hundred and twentysix dollars and thirty-five cents.

GEOLOGICAL SURVEY.

To pay salaries of officers for geological survey, twentythree hundred and thirty-three dollars and thirty-three cents. For salaries of assistant geologists; thirteen hundred sev enty dollars and eighty-four cents.

For contingent expenses of geological corps, six hundred and sixty dollars.

For paleontological work, five hundred dollars.

MISCELLANEOUS.

For salary of reporter of the supreme court, four hundred and eighteen dollars.

To pay Jonathan Markley for amount paid for escheated land, as per act for his relief passed January 29, 1873, one thousand and eighteen dollars and seventy-two cents.

Public

W

eological

Reporter su

preme comt.

Jonathan
Markley.

To pay for the construction of a protection wall on Canal Protection street, in the city of Columbus, which the board of public wall. works were authorized to construct, by joint resolution adopted April 29, 1872, three thousand dollars.

SEC. 2. That there is hereby appropriated from any moneys in the treasury to the credit of the asylum fund, and not otherwise appropriated, the following sums, to wit: