Natural gas works Board of trustees: [House Bill No. 195.] AN ACT To amend section 8 of an act passed March 14, 1889, entitled "An act to SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 8 of an act passed March 14, 1889 (86 O. L., p. 103), entitled "An act to authorize cities of the fourth grade of the second class having a population of 6,252 at the last federal census, or any succeeding federal census, to borrow money and issue bonds therefor, for the purpose of procuring territory and right of way, sinking wells for natural gas, purchasing wells and natural gas works, purchasing and laying pipes, and supplying such cities with natural gas, or manufacturing gas out of petroleum for public and private use and consumption," be amended so as to read as follows: Sec. 8. The board of trustees, heretofore appointed under the provisions of the original act, on the day herein fixed for How appoint this act to take effect, is abolished, and in lieu thereof the probate judge of the county in which any such city mentioned in section 1 of the original act, is located, shall forthwith appoint a board of trustees composed of three citizens of any such city, not more than two of whom shall belong to the same political party, one of whom shall be appointed for one year, one for two years and one for three years, and the board so appointed shall have charge and management of the gas-works provided for by the original act for such city, and shall hold their offices until their successors are appointed and qualified; any vacancies occurring in such board, either by death, resignation, expiration of term of appointment or otherwise, shall be filled by appointment by any such probate judge for the unexpired term thereof. ed and consti tuted. Terms. Duties. Vacancies. Repeals, etc. SECTION 2. Section 8 of the original act is repealed, and this act shall take effect and be in force on and after February 25, 1892. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed February 19, 1892. President of the Senate. [Senate Bill No. 8.] AN ACT To supplement section 6732 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State Jurisdiction in of Ohio, That section 6732 of the Revised Statutes be supple- error: mented as follows, to-wit: Sec. 6732a. When a judgment for wages, rendered by a justice of the peace, is, by the defendant, taken on error, as herein provided, to the court of common pleas and affirmed, the costs of suit shall include a fee of fifteen dollars for the attorney of the defendant in error. But no such attorney fee shall be taxed in the costs, unless said wages have been demanded in writing, and not paid within three days after such demand. SECTION 2. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN, Attorney's fee when judgment for wages affirmed. Passed February 24, 1892. 33G [Senate Bill No. 53.] President of the Senate. AN ACT To provide for an additional judge of the court of common pleas in the first subdivision of the fifth judicial district, to fix the time of election thereof and to repeal an act of March 6, 1891. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there shall be an additional judge of the court of common pleas in and for the first subdivision of the fifth judicial district of Ohio, composed of the counties of Adams, Brown and Clermont, who shall be a resident of said subdivision and elected by the qualified electors thereof. Additional judge in first fifth district. subdivision elections. SECTION 2. The first election under this act for such ad- First election.. ditional judge shall be held at the regular annual election for state and county officers in November, A. D. 1892, and subse- Subsequent quent elections for such judge shall be held every five years thereafter. The term of office of the judge first elected here- Term. under shall begin on October 15, A. D. 1893, and continue five years, and bis successors shall hold for like terms of five years from October 15, following their election. SECTION 3. Such additional judge shall receive the Compensation. same compensation, be paid in the same manner as other judges of said court in said subdivision, and shall have, in Powers, jurisevery respect, the same powers and jurisdiction, discharge diction; duand perform the same duties and be liable to the same penalties as other judges of the court of common pleas. ties; penalties. Vacancy. Repeals. SECTION 4. When a vacancy occurs in such additional judgeship, such vacancy shall be filled as other vacancies in the office of judge of the court of common pleas. SECTION 5. The act entitled "An act to fix the time or election of common pleas judge in the first subdivision of the fifth judicial district, and to amend a certain act therein named," passed March 6, 1891, Ohio laws, vol. 88, pages 86 Present judge. and 87, is hereby repealed, but this repeal shall in no wise. affect or interfere with the term and powers of the judge now holding under said act. SECTION 6. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN, Speaker of the House of Representatives. President of the Senate. A Passed February 24, 1892. Street improvement bonds of cer(sin villages. Amount. [House Bill No. 87.] AN ACT To authorize the village council of any village having a population at the last federal census, or any subsequent federal census, of not less than five hundred nor more than five hundred and ten, to issue bonds to aid in piking and improving the streets of such village. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That for the purpose of piking and improving any village having a population, at the last federal census or any subsequent federal census, of not less than five hundred nor more more than five hundred and ten, the council of such village is hereby authorized to issue bonds of such incorporated village, signed by the mayor and clerk thereof, for an amount not exceeding five thousand dollars, payable in five annual payments of one thousand dollars each, commencing not later than twenty years from date of issuing the same; said bonds shall bear interest at a rate not exceeding six per cent. per annum, to be paid annually, and shall not be sold for less than their par value, and shall not bear interest Application of until sold; the money realized from the sale of said bonds shall be used by said council to pike and improve the streets of such village. Interest. Proceeds. Annual tax levy. Record of bonds. SECTION 2. For purpose of paying bonds issued under section 1 of this act, and interest thereon, as the same becomes due, said council shall annually levy a tax on taxable property in said village sufficient therefor. SECTION 3. The clerk of said council shall keep a record of said bonds, showing the number, amount and date of each when due, and the rate of interest, and when paid they shall be taken up and canceled and the fact noted on the record. SECTION 4. Said bonds shall not be issued nor said General or special electax assessed until the question shall be submitted to the tion. voters of said village at a general or special election of which at least ten days' notice shall be given by written or Notice. printed notices posted up in at least five public places in said village; at said election all voters desiring to vote in Ballots. favor of issuing said bonds and levying said taxes, shall have written or printed on their ballots the words, "PikeYes;" and all voters desiring to vote against issuing said bonds and levying said taxes, shall have written or printed on their ballots the words, "Pike-No;" no bonds shall be is- Issue of bonds sued nor taxes levied under this act unless two-thirds of the votes cast at said election shall be favorable thereto. conditional. lage clerk. SECTION 5. Said election shall be held and controlled Conduct of election. by said council of said village at the usual place of holding elections in said village, and the polls shall be kept open at least five hours, closing at six o'clock p. m.; the clerk Duties of vilof said village shall be clerk of said election and shall enter a complete record of said election on the records of said village and shall file and preserve all poll-books, tally-sheets, and other papers pertaining to said election. SECTION 6. This act shall take effect and be in force from and after its passage. To amend section 6723 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State Jurisdiction in of Ohio, That section No. 6723 of the Revised Statutes of Ohio be amended so as to read as follows: error: error: limitations. Sec. 6723. No proceeding to reverse, vacate or modify a Proceedings in judgment or final order shall be commenced, unless within six months after the rendition of the judgment or the making of the final order complained of; or in case the person entitled to such proceeding is an infant, a person of unsound mind or imprisoned, within six months as aforesaid, exclusive of the time of such disability. SECTION 2. That said section 6723 be repealed, and this Repeals, etc. act shall take effect from and after September 1st, 1892. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed February 24, 1892. President of the Senate. Public ways SECTION 1. Be it enacted by the General Assembly of the State miscellaneous of Ohio, That section 4924 of the Revised Statutes of Ohio be amended to read as follows: provisions: When commissioners may establish a ferry. Repeals, etc. Sec. 4924. When any county bridge has been destroyed by fire, flood or any other case [cause], the county commissioners may establish or cause to be established, a free ferry in lieu of such bridge. They may also establish or cause to be established a free ferry over any of the interior streams of the state of Ohio where it is not expedient to build a bridge. But the cost of maintaining such free ferry shall not in any case exceed the interest on the probable cost of constructing a bridge across the stream. SECTION 2. Said section 4924 is hereby repealed, and this act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN. Passed February 24, 1892. President of the Senate. Proceedings upon attachment: Appearance of garnishee in court. [House Bill No. 126.] AN ACT To amend sections 5547 and 6500 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 5547 and 6500 of the Revised Statutes be amended so as to read as follows: Sec. 5547. The garnishee, if the order of attachment be and disclosure returned during a term of court, and twenty days before the close thereof, shall appear at that term, and if the order be returned during vacation, he shall appear at the term next after its return; and he shall answer under oath all questions put to him touching the property of every description and credits of the defendant, in his possession or under his control, and he shall disclose, truly, the amount owing by him to the defendant, whether due or not, and in case of a corporation, any stock therein held by or for the benefit of the defendant, at or after the service of notice; but at the time of such service the garnishee shall be entitled to demand his fees in the same manner and amount as other witnesses, and if the same are not paid on demand or within a reasonable time thereafter, the garnishee shall not be bound by nor obliged to obey the notice. Demand for fees in ad vance. |