county. tions as provided for in the preceding section and if they find that such change or alteration will be equally beneficial, they may order the surveyor or engineer to go upon the line of the improvement and survey said change or alteration; and all expenses attending the making said alteration and change, with the increased cost of construction, if any, shall be charged to the party or parties benefited thereby, which shall be collected and paid by them as other assessments. When the allowance for compensation and damages is fixed and determined as provided in this section, the commissioners shall consider and determine according to their best knowledge and judgment the proportionate benefits to accrue from the construction of the proposed improvement. If they shall find that the public health, convenience or welfare will be promoted by said improvement, and that the same is of sufficient importance to the public to cause the damages and compensation which have been assessed to be paid out When comof the county treasury, they shall order the same to be so pensation to paid, or they may order a portion thereof to be paid by the be paid by county and the remainder by the benefited landowners, as they may deem just and equitable. But if in their opinion such improvement is not of sufficient importance to the public to cause such damages and compensation, or any part thereof to be paid by the county, they shall fix and determine When to be the proportionate amount thereof which should be paid by paid jointly. the several landowners benefited by the improvement. And in either case the commissioners shall direct the auditor to Auditor to issue an order on the county treasurer to each of the several issue warclaimants to whom compensation or damages was allowed rant. for the amount due, and to enter on the ditch duplicate the amounts assessed against the several benefited landowners for the payment of such compensation and damages, payable in the same ratio and manner as other assessments, and to be collected as other taxes. In the assessment for the payment of compensation and damages, whether the whole or a part thereof be ordered paid by the benefited landowners, tioned. the commissioners shall apportion the same on all the lots and lands, and public or corporate roads or railroads that will be benefited. Assessment how appor Provided, however, that if any person or corporation Proviso. aggrieved by any final order or judgment of the commissioners shall at the final hearing before them, or within such time as may be provided by law, file a written notice of an intention to appeal therefrom, no further proceeding shall be had and no payments shall be made as herein provided until said proceedings on appeal shall be finally disposed of and determined. Section 4472. If the jury find that the improvement is necessary, and the same will be conducive to the public health, convenience or welfare, and is practicable, the commissioners shall apportion the compensation and damages as directed in section (4461) forty-four hundred and sixty-one. They shall also assess and apportion the costs as directed by Costs when jury find for improve ment. Costs when probate court con firms assessment. the probate court, and order the auditor to place the same on the duplicate to be collected as other taxes, and may in addition thereto, sue upon the bond given for the payment of costs, and execution may be sued out of the probate court for the collection of any costs taxed against any party, as is provided in section forty-four hundred and seventy. Any costs taxed against the commissioners shall be paid out of the general county ditch fund. Section 4473. If by the final decision in the probate court, any claimant of compensation and damages do not obtain a greater sum than was allowed and awarded to him by the order of the commissioners from which he appealed, he shall pay all costs created by his appeal so far as the court can ascertain the same. And the commissioners shall assess and apportion the compensation and damages found by the jury, as directed in section (4461) forty-four hundred and sixty-one, and the commissioners shall assess and appor tion the costs as directed by the probate court, which shall be collected and paid as directed and provided in section forty-four hundred and seventy-two. SEC. 2. That said original sections 4461, 4472 and 4473, as amended April 20, 1881, vol. 78, O. L., pp. 205 and 206, be and they are hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage, and apply to and affect pending proceedings or suits so far as the foregoing provisions are applicable. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed March 15, 1884. President of the Senate. Authorizing improvement of cer tain road to Athens asylum. Appropria tion for. [Senate Bill No. 85.] AN ACT Making an appropriation to rebuild the road leading from the south bridge in Athens, Athens county, to the asylum for the insane. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the superintendent of the Athens asylum for the insane is hereby authorized, with the consent of the commissioners of Athens county, to macadamize and rip-rap the road leading from south bridge in the village of Athens, to the Athens asylum for the insane, and for that purpose there be and is hereby appropriated out of the general fund not otherwise appropriated, the sum of two thousand dollars, to be expended by said superintendent under the direction of the trustees of said asylum. SEC. 2. This act shall take effect and be in force from To amend an act entitled "an act supplementary to an act to provide for the completion of volume V., geology of Ohio,' passed April 17, 1882," passed April 19, 1883 (O. L. v. 80, pp. 199 and 200). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section three of the above recited act be amended so as to read as follows: Section 3. Of the copies of volume V. that are published, the following distribution shall be made, viz.: To the state library, five hundred copies, to be used in Distribution exchange with public libraries of other states, and to be of volume V. furnished to public libraries of this state; a sufficient num- geology. ber to be retained for the use of the state library, and the remainder, if any, to be sold at the cost of publication, under the direction of the commissioners of the library. To the chief geologist and his assistants, two hundred copies. To each state officer and to each state institution, one copy. To be deposited with the secretary of state, to be sold at cost of publication, under such regulations as he may establish, one thousand copies. The remainder to be equally divided among the members of the sixty-sixth general assembly. SEC. 2. That said original section three of the act supplementary, be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. A. D. MARSH, Speaker of the House of Representatives. JOHN G. WARWICK, Copies to be sold at cost. Passed March 15, 1884. President of the Senate. Appropriation for completion of volume v, geology; how avail able. Duties of state geologist, as to. [Senate Bill No. 104.] AN ACT Supplementary to an act passed April 19, 1883, entitled "an act supplementary to an act to provide for the completion of volume V., geology of Ohio,' passed April 17, 1882" (O. L. v. 80, pp. 199 and 200. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the appropriation made "for the completion of the field and chemical work of the survey, for the revision and preparation of the manuscript of said volume V., for the engraving and printing of suitable maps and illustrations, and for superintending the publication and proofreading of said volume" shall also be available for the purchase of paper and in payment for printing, in addition to what has already been appropriated for these several purposes, specifying as the needs of said volume may require. SEC. 2. The state geologist is hereby instructed to use, as far as practicable, any and all balances remaining from the several appropriations above named in the publication of such descriptions and figures of fossils as have been already prepared for publication at the expense of the state, and to include said descriptions and figures in said volume V. SEC. 3. This act shall take effect and be in force from and after its passage. L. A. BRUNNER, Speaker pro tem. of the House of Representatives. Passed March 18, 1884. President of the Senate. Articles of incorporation, fees for filing. [House Bill No. 249.] AN ACT Supplementary to section 148 of the revised statutes of Ohio, as amended April 18, 1881 (v. 78, p. 186). SE TION 1. Be it enacted by the General Assembly of the State of Ohio, That a supplementary section be enacted to section one hundred and forty-eight, with sectional numbering as follows: Section 148a. Upon the filing of articles of incorporation by any persons desiring to become incorporated under the laws of this state, there shall be paid to the secretary of state the following fees: For a company whose capital stock is five thousand dollars or under, five dollars; for a company whose capital stock is over five thousand dollars and not to exceed ten thousand dollars, ten dollars; over ten thousand dollars and not to exceed twenty-five thousand dollars, fifteen dollars; over twenty-five thousand dollars and not to exceed fifty thousand dollars, twenty-five dollars; over fifty thousand dollars and not to exceed one hundred thousand dollars, forty dollars; over one hundred thousand dollars and not to exceed three hundred thousand dollars, sixty five dollars; over three hundred thousand dollars and not to exceed five hundred thousand dollars, ninety dollars; over five hundred thousand dollars and not to exceed eight hundred thousand dollars, one hundred and fifteen dollars; over eight hundred thousand dollars and not to exceed one million dollars, one hundred and fifty dollars; over one million dollars, two hundred dollars. For an increase of capital stock, the same proportionate charge for such increase shall be made. Provided, however, that building associations shall pay ten dollars for each certificate of incorporation filed, and five dollars for every increase of capital stock. Building asociations. Religious Provided, however, in case of companies formed for religious, benevolent or literary purposes, or such companies companies, as are not organized for profit or having no capital stock, etc. these fees shall not apply, but a fee of two dollars shall, in such cases, be charged." Mutual insurance companies and such other mutual companies not organized strictly for benevolent or charitable purposes, shall pay a fee of twenty-five dollars. For making additional copies of articles of incorporation and for making copies in all other cases for such companies, the fees provided for in original section one hundred and forty-eight shall be charged. And all fees herein established shall be paid into the state treasury as provided in said original section. SEC. 2. This act shall take effect and be in force on and after its passage. A. D. MARSH, Speaker of the House of Representatives. ELMER WHITE, President pro tem. of the Senate. Mutual com panies. Passed March 18, 1884. Senate Bill No. 132.] AN ACT To amend section 7278 of the revised statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section seventy-two hundred and seventyeight of the revised statutes of Ohio be amended so as to ead as follows: Section 7278. The following shall be good causes for challenging to any person called as a juror on any indict ment:: |