certificate. SEC. 3. Such certificate shall be acknowledged and re- Acknowl corded in the same manner as is provided for the acknowledgment of edgment and record of certificates of skating parks, music, law and art associations. SEC. 4. Such association, when so incorporated, shall have full corporate powers to purchase, hold and control any and all real estate and interest therein necessary to carry out the purpose of such association, and all other corporate powers conferred upon associations organized under and by virtue of an act entitled "an act to amend section nine of an act entitled 'an act supplementary to an act entitled an act to provide for the creation and regulation of incorporated companies in the state of Ohio,'" passed May 1, 1852; passed April 15, 1867, (S. & S., 186); as amended February 25, 1869, (O. L., v. 66, p. 11); as amended April 20, 1874, (O L., v. 71, p. 161); as amended April 11, 1876, (O. L., v. 73, p. 188); and acts to which that is amendatory and supplemental, and acts amendatory and supplemental thereto. SEC. 5. This act shall be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, Powers association. granted such Passed January 30, 1879. President of the Senate. [House Bill No. 549.] AN ACT For the punishment of persons throwing or shooting at railroad trains. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whoever willfully throws any stone or other hard substance, or shoots any missile at any railroad car, train, or locomotive, shall be fined not more than five hundred or less than fifty dollars, and shall be imprisoned in the penitentiary not more than three years, or in the county jail not more than six months. This act shall take effect and be in force from and SEC. 2. after its passage. Penalty for shooting at railroad trains. throwing or Passed January 30, 1879. President of the Senate. Duties of County auditors with reference to assessors abstracts of real property situated in their respective counties. County commissioners may hold a meeting with vertising for a view to ad [Senate Bill No. 229.] AN ACT To amend section four of chapter three, of an act entitled "an act to amend and revise the statutes relating to taxation, to be known as title thirteen, part one, of the act to revise and consolidate the general statutes," passed May 11, 1878. (O. L., vol. 75, p. 460.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four (4), of chapter three (3), of an act entitled "an act to amend and revise the statutes relating to taxation, to be known as title thirteen, part one, of the act to revise and consolidate the general statutes," passed May 11, 1878, (Ohio laws, vol. 75, p. 460), be so amended as to read as follows: Section 4. The auditor of each county shall, as soon as practicable after the first day of March, one thousand eight hundred and eighty, and every tenth year thereafter, make delivering to out and deliver to the assessor of each district in his county, an abstract from the books in his office, containing a description of each tract and lot of real property, situate within such district, with the name of the owner thereof, if known, and the number of acres or quantity of land contained therein, as the same shall appear on his books; and also a map of each township and town within such district, with such plat books as may be necessary to enable the district assessor to make a correct plat of each section, survey, and tract in his district provided, however, that if, in the opinion of the county commissioners of any county, it is deemed necessary, to the proper appraisal of the real estate of such county, then said county commissioners may, on or before their June session in the year one thousand eight hundred and seventynine, and every tenth year thereafter, advertise, for four consecutive weeks, in one or more newspapers of general circulation in the county, for sealed proposals to construct the necessary maps and plats, to enable the several district assessors in the county, or any district thereof, to correctly reappraise all real estate; and such advertisement shall parBids shall be ticularly specify the extent and character of the work to be accompanied done. Each bid shall be accompanied by a good and sufficient bond of not less than one thousand dollars in amount, to become due and payable in case the aforesaid bidder shall fail or refuse to enter into contract in accordance with the advertised proposals, in case the same shall be accepted. The county commissioners shall open the bids on the day named in the advertisement, and shall, within three days. thereafter, (provided that the county commissioners may reject any and all bids for such work), or if, in their opinion, it is to the interest of the county so to do, may award the contract to the lowest and best bidder, who shall immediately give a good and sufficient bond, with two or more sureties, in an amount of not less than two thousand dollars, or more than ten thousand dollars, as shall be required by the afore sealed proposals. by bonds, which shall be forfeited if contract is not fulfilled. Commissioners shall open bids and award contracts. Contractor shall immediately give bond. County anditor shall have full supervision of work. said commissioners, conditioned for the prompt, faithful, and accurate performance of the work required to be done; but nothing in the foregoing shall be construed to prevent the auditor of the county from exercising full supervision over the work of making said plats and maps. On the completion of any town, township, or district, the work shall be paid for out of the county treasury, on the warrant of the county auditor, after the same shall have been duly accepted Bills for said and approved by the board of county commissioners; and no be paid out bill shall be allowed until the auditor and commissioners are of county satisfied that the labor has been performed in accordance treasury af with the contract on file with the county auditor; but inter having counties or districts having no map, it shall be the duty of the commissioners to furnish the same under the provisions of this section. SEC. 2. That said original section four be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. work shall been ap proved. Repeal. JAMES E. NEAL, Supplementary to an act to amend, revise, and consolidate the statutes relating to municipal corporations, to be known as title twelve, part one, of the act to revise and consolidate the general statutes of Ohio, passed May 11, 1878. (O. L., 75, p. 314.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in cities of the second grade of the second class, for the payment of the cost of lighting the corporation, the city council may, by ordinance, levy and assess a tax of five tenths of one mill on all property on the general duplicate of said city, and in addition thereto a tax according to the valuation of such property, as assessed upon the tax duplicate, on the lots and lands bounding or abutting on the streets and avenues so lighted; and all the provisions of chapter four, division seven, of an act to amend, revise, and consolidate the statutes relating to municipal corporations, to be known as title twelve, part one, of the act to revise and consolidate the general statutes of Ohio, passed May 11, 1878, (O. L., 75, p. 314), concerning special assessments, and the collection thereof, which in their nature are applicable, shall apply to assessments for this purpose. Taxation of property in towns of the second grade of the second class for lighting streets. SEC. 2. This act shall take effect and be in force from and after its passage. JAMES A. NORTON, Speaker pro tem. of the House of Representatives. Passed February 11, 1879. President of the Senate. Trustees of sinking fund shall invest all money in bonds. Interest on bonds shall be reinvested in same manner. Cincinnati bonds shall be canceled, and coupons thereof shall be made pay able only to trustees of sinking fund. Repeal. [House Bill No. 588.] AN ACT To amend the act passed May 14, 1878, entitled "an act to amend, revise, and consolidate the statutes relating to municipal corporations, to be known as title twelve, part one, of the act to revise and consolidate the general statutes of Ohio." [Vol. 75, O. L., p. 161, 407.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section eleven (11), chapter three (3), division nine (9), of the above entitled act, be amended as to read as follows: Section 11. The trustees of the sinking fund shall invest all moneys received by them in bonds of the United States, state of Ohio, or city of Cincinnati; and in cities of the first grade of the first class they shall give preference to the bonds of said city of Cincinnati, when they can be purchased at a price equal to or less than the bonds of the United States, or of the state of Ohio, taking into consideration the rate of interest paid on each; all interest received by them shall be re-invested in like manner; at no time shall there be over ten thousand dollars kept upon deposit, if investment can be made; and in cities of the first grade of the first class, all bonds of the city of Cincinnati now in the possession of the trustees, or those hereafter purchased by them, excepting to the amount of seventy-five thousand dollars,shall have written, stamped, or printed conspicuously in red ink across the face thereof the following words, "This bond is canceled," and on each coupon thereof shall be written, stamped, or printed the following words, "Payable only to the order of the trustees of the sinking fund." SEC. 2. That said original section eleven be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, Passed February 11, 1879. President of the Senate. [Senate Bill No. 217.] AN ACT Supplementary to an act defining the powers and prescribing the duties of the board of public works, passed May 14th, 1878. (Ohio Laws, vol. 75, page 584.) pre SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cases where the board of public works are now authorized by law to appoint resident engineers, collectors of tolls, superintendents of repair, and all other officers connected with the superintendence, repair, and servation of the public works of this state, the chief engineer of the public works shall have an equal vote with each member of the board of public works in the selection of all said officers, and it shall require a majority of the votes of all the members of the board of public works and said chief engineer either to remove or appoint any of said officers. SEC. 2. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. Rights of the lic works. Passed February 12, 1879. President of the Senate. [House Bill No. 646.] AN ACT Supplementary to the act of May 14, 1878, entitled "an act to revise and consolidate the laws relating to civil procedure in courts of common pleas and superior courts, in district courts on appeal, and also the laws relating to procedure in error, mandamus, and quo warranto." SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That when a partnership carrying on a trade or business in this state, or holding property therein, is sued by the usual or ordinary name which it has assumed, or by which it is known, process may be served against such company or firm by a copy left at its usual place of doing business within the county; and execution issued on any judgment rendered in such proceeding, shall operate only on partnership property. SEC. 2. This act shall take effect and be in force from and after its passage. JAMES E. NEAL, Speaker of the House of Representatives. JABEZ W. FITCH, Mode of civil procedure in suing a company or firm. Only part- Passed February 12, 1879. President of the Senate. |