Abbildungen der Seite
PDF
EPUB

until May 1st, A. D. 1870, and all bonds issued, leases executed, or contracts made in violation of this provision, shall be null and void: Provided, however, that this section shall not apply to an act of the general assembly of this state, passed May 4, A. D. 1869, anthorizing cities of the first class to construct and maintain a railroad.

SEC. 10. That where the voters of any ward of a city of Voting disthe first class having a population of one hundred thousand tricts. inhabitants, and upwards, at the last federal census, exceed five hundred, the common council of such city shall have the authority to divide any such ward into voting districts, and the vote of said districts shall be returned as the vote of the ward.

SEC. 11. All laws inconsistent herewith are hereby declared to be inoperative in cities affected by this act. SEC. 12. This act shall take effect and be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
J. C. LEE,

Inconsistent laws inoperative.

Passed February 10, 1870.

President of the Senate.

AN ACT

Supplementary to an act passed April 30, 1869, entitled "an act to authorize county commissioners to locate and construct turnpike roads.' (Vol. 66, O. L., 62.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the commissioners of any county shall not levy any tax or appropriate any money (except so far as may be necessary to pay the expense of preliminary surveys already commenced,) or any other liabilities already incurred to be expended in the construction of free turnpikes, under the act to which this is supplementary, without first submiting to the qualified voters of said county the question as to the policy of constructing said roads by general tax; which said submission shall be made at the annual spring election in April, A. D. 1870, or any annual spring election thereafter. And said commissiouers shall canse public notice of such vote to be given by publication in all the newspapers printed and of general circulation in said county; and also, by causing hand bills to be posted up at the usual place of holding elec tion in each township and ward throughout the county, at least fifteen days prior to said election; provided, however, that nothing in this act shall affect any contract entered into before its passage, in reference to the construction of any such road.

SEC. 2. It shall be the duty of the judges of election in the several townships and wards in any county in which such question may be submitted, and such notice given, as afore

Question of taxation

must be snbmitted to the people.

Time and

manner of

voting.

Effect of ngative vote.

Procedure in case of affir

mative vote.

said, on the day of the annual spring election, in the year A. D. 1870, to open a poll for taking said vote, and to receive and count the ballots cast, and within three days thereafter to return to the auditor of the county a full and correct abstract of said votes; and the said judges of election shall, in all respects be governed by the laws regulating general elections, and shall be entitled to the same compensation for returning said poll books, which shall be paid out of the county treasury on the order of the auditor; and the poll books so returned shall, within five days from the day of holding such election, be opened, and the votes counted by the commissioners and auditor of the county; a correct statement of the result of which votes shall be kept by said auditor on file in his office for public inspection.

SEC. 3. If, at said election, a majority of the votes so cast, shall be against the policy of constructing free turnpikes, the commissioners shall not assess any tax for that purpose; but the commmissioners may, on petition of not less than one hundred tax payers of said county, again submit the same question at any regular annual election, either in the spring or fall, to said qualified voters of the county, notice of which shall be given and the election conducted in all respects in the manner prescribed in the first and second sections of this act. SEC. 4. If, at any such election a majority shall be found in favor of the construction of free turnpikes, then the commissioners shall be authorized to proceed to levy taxes, issue bonds, and appropriate and expend money in the construction of such tree turnpike roads as in their judgment may be necessary to the public convenience and promotive of the public interest; subject, however, in all their proceedings, to the provisions, restrictions, and limitations of existing laws on that subject.

SEC. 5. This act shall take effect and be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
J. C. LEE,

Passed February 16, 1870.

President of the Senate.

AN ACT

To amend an act supplementary to an act to provide for and regulate street railroad companies, passed April 10, 1867.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1 of an act entitled an act to amend an act to provide for and to regulate street railroad companies, passed April 10, 1861, and supplementary thereto, and to repeal section 7 of said act, be so amended as to read as follows:

corporate

limits.

Section 1. That street or horse railroads may be located Extension of and constructed, part within, part without, or wholly without roads beyond the limits of any city, town or village; and any such road heretofore or hereafter constructed within, or part within, or wholly without the limits of any city, town or village, whether such village be incorporated or not, may be so constructed or extended along or upon the national road, or any other road, street, avenue, turnpike, public way or ground, in accordance with the provisions of an act entitled "an act to provide for and regulate street railroad companies," passed April 10, 1861; provided, that, before such construction or extension, the com- Mutual pany, public officer or public authorities, owning or having agreement charge of any such road, along or upon which said railroad requisite. is or may be constructed or extended, shall agree with such railroad company upon the manner, terms and conditions upon which the saine shall be occupied or used; and in cases where such construction or extension shall be along or upon the na tional road, the board of public works of this state shall agree with such railroad company as to the manner of its use and occupation; but such agreement shall not be necessary to the crossing merely of any such road.

SEC. 2. That said first section of said supplementary act, passed April 10, 1867, be and the same is hereby repealed. SEC. 3. This act shall take effect, and be in force from and after its passage.

A. J. CUNNINGHAM,

Speaker of the House of Representatives.
J. C. LEE,

Passed February 19, 1870.

President of the Senate.

AN ACT

To authorize cities of the second class, with a population of nine thousand two hundred and twenty-nine, and no more, inhabitants, according to the census of 1860, to construct a line of railway within the limits of said city.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in cities of the second class, containing a population of nine thousand two hundred and twenty-nine, and no more, according to the census of 1860, if the city council thereof shall, by a resolution thereof, passed by a majority of the members elected thereto, declare it to be essential to the interests of such city that a line of railway, to be named in said resolution, should be provided, between termini designated therein, both of which shall be within the limits of said city, it shall be lawful for the city council of such city to borrow, as a fund for that purpose, not to exceed the sum of twenty-five thousand dollars, and to issue bonds therefor, in the name of said city, under the corporate seal

City council may provide for a line of railway, &c.

interest.

thereof, bearing an interest not to exceed eight per centum per annum, payable semi-annually, at such places and in such sums as shall be deemed best by said city council. Sai! bonds shall be signed by the mayor, and attested by the clerk of said city; and the said city clerk shall keep a register of the same, and the faith of the city shall be pledged for the reProvision for demption of said bonds. And it shall be the duty of the city council annually to levy sufficient tax to pay the interest on and provide a sinking fund for the final redemption of said honds; provided, that no money shall be borrowed, nor bonds issued, until after the question of providing the line of railway specified in the resolution shall be submitted to a vote of the qualified electors of said city, at a special election, to be ordered by the said city council, of which at least ten days notice shall be given by publication in the newspapers published in said city; and provided, further, that a majority of the electors voting at the said election shall decide in favor of the construction of said line of railway.

[blocks in formation]

SEC. 2. The said city council shall have the control and disbursement of said funds, and shall expend the same in procuring the right of way, and in constructing a single or double track railway, with all the usual and necessary ap pendages; and for that purpose shall have power and capacity to make contracts, and to appoint and employ and pay officers and agents, and to acquire, hold, and possess all the necessary real and personal property and franchises for that purpose.

SEC. 3. The said city council shall keep a record of their proceedings, and they shall also cause to be kept a full and accurate account of their receipts and expenditures in the construction of said line of railway, and publish the same annually.

SEC. 4. Said city council shall have power to require and take such security from any officer, agent or contractor, chosen, appointed or employed by them, as they may deem advisable. The members of said city council shall not become surety for any such officer, agent, or contractor, or be interested, directly or indirectly, in any contract concerning said railway.

SEC. 5. Whenever, in the construction of such line of railway as herein provided, it shall be necessary to appropri ate any land for the foundation of any abutments or piers of any bridge across a stream, or for any other purpose, or to appropriate any rights or franchises, proceedings shall be commenced and conducted in all respects in accordance with the act entitled "an act to provide for compensation to the owners of private property appropriated to the use of corporations," passed April 8th, 1862, and the acts supplementary thereto; except that the verdict of the jury and the judgment of the court shall be so varied as to suit the case.

SEC. 6. The said city council, when said piece of railway is completed, shall have power to sell, or to rent and lease the right to use and operate the same, upon such terms and conditions as they may deem best for the interests of said city.

SEC. 7. This ..ct shall take effect and be in force from and

[blocks in formation]

To amend section nine of an act entitled "an act to provide for the establishment and government of reform schools," passed April 2, 1858. (S. & C., page 1380.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section nine of the act entitled “an act to provide for the establishment and government of reform schools," passed April 2, 1858, be amended to read as follows:

Section 9. All buildings shall be plainly and substantially Construction constructed, and no expenditure shall be made in excess of of buildings. appropriations; and for all expenditures, contracts or debts, in violation hereof, the commissioner, officer, or employer voting for, or agreeing to the same, shall be liable in his individual capacity.

SEC. 2. That original section nine be, and it is hereby repealed.

SEC. 3. This act shall be in force from and after its passage.

A. J. CUNNINGHAM.

Speaker of the House of Representatives.
J. C. LEE,

Passed February 24, 1870.

President of the Senate.

AN ACT

To amend section nine (9) of an act concerning divorce and alimony, passed March 11th, 1853. (1st S. & C. 509 )

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

Section 9. That the said court, while in session, or any judge thereof in vacation, upon sufficient notice to the opposite party, shall have power to grant alimony to the wife for her sustenance during the pendency of a petition for a divorce, or alimony alone, filed for any of the causes aforesaid; and in all such cases where there is an appeal taken by the husband to the district court, said court or any judge thereof in

Alimony du ring pendency of pe

tition.

« ZurückWeiter »