AN ACT To amend section seventy of an act entitled "An act to establish a code of civil procedure," passed March 11, 1853, as amended April 3, 1862, (S. S. Stat., 543,) as amended February 11, 1874 (O. L., vol. 71, p. 4). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section seventy of the above recited act, as amended February 11, 1874, be so amended as to read as follows: Section 70. Service may be had by publication in either of the following cases: defend non-residents and unknown de fendants. In actions brought under the forty-fifth and forty-sixth Service on sections of this code, where any or all of the defendants reside out of the state, or where the residence of any ant is unknown and can not be ascertained. In actions brought to establish or set aside a will, where any or all of the defendants reside out of the state, or where the residence of any defendant is unknown and can not be ascertained. In actions brought against a non-resident of this state, or a defendant whose place of residence is unknown and can not be ascertained; or a foreign corporation having in this state property or debts owing to them, sought to be taken by any of the provisional remedies, or to be appropriated in any way; or a corporation incorporated under the laws of this state, which has failed to elect officers or appoint an agent upon whom service of summons can be made, as provided by section sixty six of this code, and which has no place of doing business in this state. In actions which relate to, or the subject of which is real or personal property in this state, where any defendant has or claims a lien or interest actual or contingent therein; or the relief demanded consists wholly or partly in excluding him from any interest therein, and such defendant is a non-re ident of the state, or a foreign corporation, or where his place of residence is unknown and can not be ascertained. In actions against executors, administrators, or guardians, where the defendant has given bond as such in this state, but at the time of the commencement of the action is a nonresident of this state, or where his place of residence is unknown and can not be ascertained. And in all actions where the defendant, being a resident of the state, has departed therefrom, or from the county of his residence, with intent to delay or defraud his creditors, or to avoid the service of summons, or keeps himself concealed therein with like intent And in all actions or proceedings brought to set aside, modify or vacate judgments or decrees, or to impeach the same for fraud, or to obtain an order of satisfaction thereof, and the defendant or one of several defendants is a non-resident of the state: Actions brought to set aside a will. Service on foreign corporations, etc. Actions which relate to real or personal property in this state, etc. Actions against executors, administrators, or guardians, etc. Action where defendant has departed from county, or state, etc. Actions to set aside, modify, or vacate judgments or decrees, etc. Proviso. court shall notify nonresidents. Provided, that in all the foregoing cases, where the resi dence of the non-resident party is known or can be ascertained with reasonable diligence, such residence shall be stated in the published notice, and besides the notice of publication the party making the service shall, immediately after the first publication, deliver to the clerk of the court in which the action is pending, as many copies of the published notice as there are non-resident parties to be served, How clerk of and the clerk shall forthwith forward through the mail a copy of the printed notice to each one of the non-resident parties to be served, to the residence named in the notice, and shall make a minute thereof on the docket, in connection with the case, the expense of sending such notices to be advanced to the clerk by the party causing the service to be made, the amount thereof to be taxed in the costs the same as other costs of making service; and in all cases in which the residence of the parties to be served is not so disclosed, and is unknown, and can not be ascertained with reasonable diligence, the party making the service, his agent or attorney, shall make and file with the clerk of the court in which the action is pending, and before the hearing thereof, an affidavit that the residence of the party to be served is not disclosed of record in the manner aforesaid, that such residence is unknown to him, and can not be ascertained with reasonable diligence. How expense is paid. The provisions of this section shall also apply to all parties brought into suits by cross petition. SEC. 2. That section seventy of the above entitled act as amended February 11, 1874, be and the same is hereby repealed, and this act shall take effect and be in force from and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. President of the Senate. Passed May 2, 1877. AN ACT To amend section four of an act entitled "An act to provide for the partition of real estate," passed February 17, 1831, and took effect June 1, 1831 (S. & C., p. 896) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four of the above entitled act be so amended as to read as follows: Section 4. That whenever it shall appear to the court that due notice has been given, as aforesaid, and no sufficient reason shall appear why partition should not be made, the court shall proceed to order the partition in favor of such demandant, or all parties in interest, and shall issue their writ, directed to the sheriff of their county, or in case the estate or estates of which partition is sought, shall be situate in more than one county, then to the sheriff of either of the counties in which the estate or estates may be, commanding him that, by the oaths of three judicious and disinterested freeholders of the vicinity, to be appointed by the court, he cause to be set off and divided to the demandant, or each party in interest in said partition, such part and proportion of such estate or estates as the court shall have ordered. And the said sheriff shall be authorized to fill any vacancy of the commission so appointed by the court, that may occur. SEC. 2. This act shall take effect and be in force on and after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. President of the Senate. Passed May 2, 1877. AN ACT To amend section one of an act to amend sections one and four of an act entitied "An act to provide for the repair of free turnpike roads in certain counties, and to author ze the county commissioners of any county in this state to constitute a board of directors to regulate the hauling of heavy burdens on any free turnpike or impro ed road," passed and took effect April 20, 1874; passed March 17, 1875 (O. L., vol. 72, p. 59); passed April 3, 1876 (O. L., vol. 73, p. 151.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section one of the above recited act be amended so as to read as follows: which shall have a free turnpike Section 1. That, by virtue of their office, the commission- Counties ers of any county having a population of more than fifteen thousand six hundred, and less than twenty thousand seven hundred; also, counties having a population of more than board. twenty thousand seven hundred and forty-nine, and less than twenty-one thousand seven hundred and fifty; also, counties having a population of more than twenty-one thousand seven hundred and fifty five, and less than twentyone thousand eight hundred; also, counties having a population of more than twenty-one thousand nine hundred and twenty, and less than twenty-eight thousand; also, counties having a population of more than twenty-nine thousand one hundred, and less than thirty-two thousand; also, counties having a population of more than thirty-two thousand one hundred, and less than thirty-two thousand seven hundred; also, counties having a population of more than thirty-nine thousand nine hundred, and less than forty thousand six hundred, at the last federal census, are hereby constituted a board of turnpike directors, under whose management and control all free turnpikes in such counties shall be exclusively vested. That it shall be the duty of such directors, at their first meeting of such board, to divide the county into three districts, as near equal in number of miles of turnpike, and conveniently located, as may be practicable; and each director shall have the personal supervision of one of such dis tricts, subject to all rules and regulations that may be from time to time agreed upon by said board. It shall be their duty to hold a meeting as such board, at such time, within sixty days after the passage of this act, as they may determine, and at least once in three months thereafter, at their office, at the county seat of the county, and shall be governed in all transactions of business by the rules governing county commissioners. They shall have power to appoint suitable persons to superintend the work of repairs on the several turnpikes, and the auditor of the county shall serve as clerk of such board, who shall record the proceedings of said board, in a book to be provided for such purpose by the county commissioners, which shall be open for examination to all persons interested. They shall cause notice to be published in at least one newspapaper of general circulation in the county, of such rules as may be adopted for the regulation of labor and travel on said turnpikes, notice of the regular meetings of said board, and, on or before the second Tuesday of April in each year, a statement of receipts and expenditures in detail for the year. They shall have power to contract for labor and material, either at public sale or private contract, as may best subserve the interest of the different roads, and shall certify to the county auditor, on or before the first Monday in June in each year, the amount of money necessary for the purpose of keeping such turnpikes in good repair: provided that when, in the opinion of said board, the interest of any of said turnpikes require, they are her by authorized to enter upon any lands in said county, and take the gravel or other material necessary for the repair of said turnpikes, and shall give a certificate to the owner or owners of such material so taken, which shall state the value ther-of, together with the amount of damages to said lands by reason of the removal of said material, and the county auditor, upon the presentation of said certificate, shall issue an order on the county treasurer for the amount so certified, who shall pay the same out of the turnpike fund: provided further, that in case said owner or owners are not satisfied with the value so certified by said board, shall have the right to appeal to the probate court of said county, subject to all the provisions of the statutes now in force relating to the condemnation of material for road purposes: provided further, that a notice of such appeal shall be filed with the probate judge of said county, within ten days after the delivery of said certificate. judge. SEC. 2. That section one of the act above referred to, be and is hereby repealed. This act shall take effect and be in force from and SEC. 3. after its passage. C. H. GROSVENOR, Speaker of the House of Representatives. President of the Senate. Passed May 2, 1877. AN ACT To amend an act entitled "An act to authorize the common councils of certain cities of the first class to issue water works bonds," passed April 11, 1876 (O. L., vol. 73, p. 215). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That an act entitled "an act to authorize the common councils of certain cities of the first class to issue water works bonds." passed and took effect April 11, 1876, be and the same is hereby amended so as to read as follows: Section 1. That the common council of any city of the first class, which was advanced to that grade between decennial periods, wherein water works have been constructed, for the purpose of providing means for constructing settling reservoirs and additional filter beds, and for the purchase and laying of water pipes, are hereby authorized to issue the bonds of the city for any sum, not exceeding fifty thousand dollars, bearing a rate of interest not to exceed seven per cent. per annum, payable semi-annually, and such bonds shall be made to run for such length of time as such council may determine, not exceeding twenty-five years from the date thereof; provided, that said bonds shall not be sold for less than their par value, and the proceeds thereof shall be applied exclusively to the above named purpose. Section 2. Said common council shall levy an annual tax upon all the real and personal property of the city subject to taxation, sufficient to pay the interest on the bonds issued by authority of this act. SEC. 2 [3] That said original act, as hereby amended, be and the same is 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, Council of city of first class may is. sue bonds to construct water works, etc. Council shall levy tax to pay interest on bonds. Passed May 2, 1877. President of the Senate. |