ister oath. first class, first and second grades, second class, and Mont conduct. Judges and clerks. Special judges and clerks. of the votes cast, to each of whom shall be administered Who may admin- the same oath taken by the supervisor; and a township trustee or clerk, or an alderman, a member of council, trustee or clerk of a municipal corporation, or a supervisor of election, who has been duly sworn, may administer the oath Control in cities prescribed in this section; provided, in cities of the first class, and of the first and second grades in the second class, such primary elections shall be under the control of the gomery county. board of elections, and the polling places shall [be] fixed by such board, and provided further, that in counties containing a city of the second grade of the second class, such primary elections, in the precincts outside of such city shall be under the control of the board of deputy state supervisors of elections for such county, who shall fix the pollLaws governing ing places. Such primary elections shall be conducted as required for general elections by section 2926 and supplemental sections, so far as those sections are applicable, and the election officers shall have the powers therein conferred, and the requirements and penalties therein provided shall be enforced. There shall be two judges and a clerk at each polling place opened for the reception of ballots, who shall belong to the party or association holding the election, and who shall be assigned to duty by the board of elections or such board of deputy state supervisors of elections, as the case may be. When necessary to comply with the above requirements the board of elections or deputy state supervisors of elections shall appoint special judges and clerks for primary elections and assign them to duty, but the board of elections or deputy state supervisors of elections shall not be required to hold such primary election for more than two political parties preparatory to nominating candidates for any one election, but at its own discreCertificates and tion it may hold such additional elections. At the close of the canvass, the judges and clerks shall sign and deliver to the candidate having the highest number of votes for each office, or appointment to be filled, a certificate of his election and shall make out a summary statement of votes as required in section 2926p and dispatch it to the chairman of the committee of the party holding the election, and also forthwith deliver the poll-book and tally-sheet, duly made up and certified to the board of elections or deputy state supervisors of elections, as the case may be, and in county and Day- counties wherein there is a city of the second grade of the second class, where such primary election is to nominate candidates for county offices, the poll-books and tally-sheets from all the precincts in the county shall be returned by the supervisors or judges of election to the deputy state supervisors of elections, who shall canvass the returns and declare the result, and in such counties and in cities of the second grade of the second class, when such primary elections are held and the returns are made as aforesaid, it shall not be necessary to file nomination papers, but the persons appearing from such returns to be nominated shall be con Number of primaries. returns of elec tion. Montgomery ton; filing of nomination papers unnecessary. Canvass in case of doubt or dis pute; exception as to Dayton and Montgom compensation of judges and clerks; mileage of judge or supervisor. sidered as the candidates for the respective offices and their names shall be printed upon the appropriate party ticket, and, except in cities of the second grade of the second class and in counties containing such cities, in cases of doubt or dispute the executive committee as aforesaid, or a committee to be appointed by it, shall canvass the summary ery county. statements in the hands of the chairman, and declare the result; and such committee, in order to arrive at a correct result, may also consult and take into account the pollbooks and tally-sheets in the office of the board of elections. The polls for such elections shall be opened at 4 Opening and o'clock p. m., and shall be closed at 7 o'clock p. m., unless closing of polls. otherwise arranged by the board of elections, or deputy state supervisors of elections. Judges and clerks shall be paid two dollars each for every such election at which they serve in the cities and counties above mentioned and each judge or supervisor delivering the returns as aforesaid, to the deputy supervisors of elections shall be allowed five. cents a mile for the distance traveled by him in delivering same and returning to his home, to be paid in the manner provided for general elections. And where in cities of the second grade of the second class and in counties containing such a city, such primary election is for the nomination of candidates for other than municipal, ward or township offices, the pay of the judges, clerks, supervisors, rent of polling places and other expenses, shall be paid out of the county funds in the manner provided for paying same at general elections. The penalties relating to delegates to any convention and providing against fraudulent voting in the sections of the Revised Statutes from 7039 to 7066, inclusive, shall be enforced for the same offense at all primary elections held in this state. No delegate to any political convention in this state shall have power, by proxy or otherwise, to designate another person to serve as a delegate in his place or stead, and any person elected by a primary meeting to serve as a delegate to a convention, who shall give any power or proxy to another to serve in his place or stead, shall be guilty of a misdemeanor, and be fined in a sum not less than twenty-five dollars nor more than one hundred dollars for every such offense. Expenses to be paid by Monts gomery county. Penalties relaand fraudulent voting. tive to delegates Proxies unlaw ful in political conventions; penalty. SECTION 2. That section 2919 of the Revised Stat- Repeals. utes, as amended April 16, 1888, be and the same is hereby repealed. SECTION 3. That this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. ASAHEL W. JONES, President of the Senate. Passed April 18, 1896. 153G [House Bill No. 480.] AN ACT To amend sections 1562 and 1564 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 1562 and 1564 of the Revised Statutes be amended to read as follows: SEC. 1562. Any person interested may, within sixty days from the filing of the papers with the recorder, as above provided, make application by petition to the court. of common pleas, or, if during vacation, to a judge thereof, setting forth the errors complained of, or the inaccuracy of the boundaries, or that the limits of the proposed corporation are unreasonably large or small, or that it is not. right, just, or equitable that the prayer of the petition presented to the board of commissioners be granted, or containing any or all of such averments, and praying an injunction restraining the recorder from making the record and certifying the transcript, as above required. SEC. 1564. The court or judge shall cause said petition to be filed and docketed in the office of the clerk of courts, and shall hear the petition at such time as he shall appoint, not less than twenty days from the filing of the same. And upon such hearing the court or judge may hear evidence upon the matters and things averred in the petition; and if, upon such hearing, no error is found in the proceedings before the commissioners, and no inaccu-racy in the boundaries, and if the court shall further find that the limits of the proposed corporation are not unreasonably large or small, and that it is right, just and equitable that the prayer of the petition presented to the commissioners be granted, the petition for such injunction shall be dismissed; and thereupon the clerk shall return the papers to the recorder, with a certified transcript of the order of the court, and the recorder shall immediately record the transcript certified by the commissioners, the petition for the corporation, the map, and the order of the court, and make, forward and deliver transcripts as above provided; but if error is found in the proceedings, or if the boundaries. are found to be so inaccurately described as to render indefinite or uncertain limits or extent of the proposed corporation, or if the court shall find that the limits of the proposed corporation are unreasonably large or small, or that it is not right, just or equitable that the prayer of the petition presented to the commissioners be granted, then the court or judge shall make an order enjoining the recorder from making the record; provided that such order shall not be a bar to any subsequent application to the commissioners for the purpose of effecting such incorporation. And the court or judge shall render such judgment as to the payment of the cost incurred in such proceeding for injunction as he shall deem just and equitable. SECTION 2. Said original sections 1562 and 1564 Repeals, etc. are hereby repealed, and this act shall take effect and be in force from and after its passage. Speaker pro tem. of the House of Representatives. CHARLES H. BOSLER, ASAHEL W. JONES, Passed April 18, 1896. President of the Senate. [House Bill No. 500.] AN ACT To amend section 1 of an act entitled "An act to provide for the construction of sewers in cities of the third grade of the second class having a board of public affairs," passed April 15, 1889 (O. L., vol. 86, p. 360). Construction of sewers and as sessment of cost in city third or fourth grade, second class. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in any city of the third or fourth grade of the second class having a board of public affairs or city council, the said board of public affairs or city council shall have authority to construct sewers through any of the streets, avenues or alleys or parts thereof of the said city and to certify to the said council of any such city the estimated cost of the said construction to the end, that the same shall be paid for and assessed upon the property abutting upon those streets, avenues or alleys, or the parts thereof through which said sewers may be constructed in accordance with the provisions of this supplement and in accordance with the various provisions of law now enacted or hereafter to be enacted applicable thereto and not inconsistent with this act. Provided, that before any such Petition reimprovement shall be ordered by any such city council there quired. shall be filed with the city clerk a petition praying for the same signed by the owners of a majority of the lots and lands to be assessed therefor counted in feet abutting upon the streets, avenues and alleys in which any such sewer is to be constructed. SECTION 2. Section one of an act entitled “An Repeals, etc. act to provide for the construction of sewers in cities of the third grade of the second class, having a board of public affairs," passed April 15, 1889 ( O. L., vol. 86, p. 360), be and is hereby repealed and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, ASAHEL W. JONES, Passed April 18, 1896. President of the Senate. County school cxaminers: Examinations of pupils of subdistricts and privilege and tuition of successful appli cant. [House Bill No. 518.] AN ACT To amend sections 1 and 2 of an act entitled "An act to provide for graduation from the common schools of subdistricts and special districts," passed March 22, 1892, and amended March 13, 1894. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 1 and 2 of an act entitled "An act to provide for graduation from common schools of subdistricts and special districts," passed March 22, 1892, as amended March 13, 1894, be and the same are hereby amended to read as follows: SEC. 1. Each board of county school examiners shall hold examinations of pupils of the subdistricts and special special districts; districts in the subjects of orthography, reading, writing, arithmetic, geography, English grammar, United States history and physiology. Two such examinations shall be held at such place or places, and on such dates as the board of county examiners may determine, and shall be of such a character as shall permit the successful applicants upon the payment of tuition to enter any high school in the county in which the applicant resides, or in any adjoining county in which said applicant desires to attend such high school, and such applicant shall be examined in the county in which such high school is situated, and the tuition of such applicant may be paid by the board of education of the township in which such applicant resides. Township and county commencements; declamation, essay, annual address and diploma. Repeals, etc. SEC. 2. The clerk of the township board of education shall provide for holding a township commencement at some place within the township, and shall appoint a teacher of the township to have charge of the same. At this commencement each successful applicant shall be required to deliver an oration or declamation, or read an essay. The board of county school examiners shall provide for the holding of a county commencement at such time and place as they may determine. At this commencement there shall be delivered an annual address provided by the county board of school examiners, at the conclusion of which a diploma shall be presented to each successful applicant who has complied with the provisions of this act. SECTION 2. That said sections 1 and 2 of said act as amended March 13, 1894, be and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. CHARLES H. BOSLER, Speaker pro tem. of the House of Representatives. Passed April 18, 1896. President of the Senate. 156G |