Power and control vested in directors. Trustees of sinking fund, duties as to tax levy. municipality and be used only for the purpose of erecting or completing and equipping such additional buildings as may have been specified in the resolution and ordinance calling for their issue. In the use of such fund for said purpose, all power and control shall be vested in the board of directors of the municipal university, which board shall make any and all contracts necessary for the erection or completion of the buildings specified, and the equipment thereof; shall supervise their erection, completion and equipment, and shall issue proper vouchers for the payment out of said fund of moneys due under such contracts, and for any and all other expenses connected with the erection, completion and equipment of said buildings. The amount of premium and accrued interest arising from the sale of said bonds shall be paid into the sinking fund. SECTION 4. That the trustees of the sinking fund of any municipality issuing bonds under the authority of this act shall levy annually a tax sufficient to pay the interest. and to provide a sinking fund for the final redemption of said bonds at maturity. JOSEPH D. CHAMBERLAIN, JAMES M. WILLI MS, Passed April 21, 1908. ANDREW L. HARRIS, Governor. 88G. [Senate Bill No. 402.] AN ACT Authorizing the auditor of state to issue duplicate warrants on the state treasury. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That the auditor of state is hereby authorized to issue duplicate warrants on the state treasury, as follows, the originals of which have been lost or destroyed: Warrant No. 3531, series 1907, $32.80, favor of D. G. Palmer. Warrant No. 5195, series 1907, $46.70, favor of L. J. Cutter. Warrant No. 18735, series 1907, $636.74, favor of D. A. Phillips & Son. Warrant No. 13, series 1906, $154.65, favor of H. B. Prather. Warrant No. 15131, series 1907, $216.67, favor of T. M. Kennedy. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. To amend section 411 of the Revised Statutes of Ohio regulating the organization of the supreme court. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 411 of the Revised Statutes of Ohio be amended so as to read as follows: Supreme ization of. court, organ Even num Sec. 411. The supreme court may be organized into two divisions, and when so organized the two judges having the shortest time to serve, and not holding their offices by appointment or election to fill a vacancy, shall be the presiding judges of their respective divisions, and as such shall preside at all terms of such divisions; and in case of the absence of the presiding judge of a division the judge of such division having in like manner the next shortest time to serve shall preside in his stead, and on and after January 1, 1909, the elder in service under his existing commission of the two presiding judges of such divisions shall be the chief justice of the whole court in the odd numbered Odd numbered year, and the other presiding judge of a division shall be years. the chief justice of the whole court in the even numbered year; provided, however, in case the said two presiding bered years. judges of such divisions have served the same length of time under their existing commissions, then of the presiding judges of such divisions the one senior in years shall be the chief justice of the whole court during the odd numbered years, and the other shall be the chief justice of the whole court during the even numbered year. The chief Chief justice, justice of the whole court shall preside at all terms of such court, and in case of his absence, the other presiding judge of a division of the court shall preside in his stead; provided, further, that from and after the passage of this act and until the first day of January, 1909, the junior in service of the two presiding judges of such divisions shall be chief justice of the whole court. shall preside. SECTION 2. Said section 411 of the Revised Statutes is hereby repealed. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. Sinking fund, trustees of. Competitive bidding. Maximum amount. [House Bill No. 772.] AN ACT To provide competitive bidding by banks for the deposits of moneys in control of the trustees of sinking funds of municipal corporations and to amend section 109 of the Municipal Code of 1902. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 109 of the Municipal Code of 1902, be amended so as to read as follows: Section 109. The trustees of the sinking fund shall invest all moneys received by them in bonds of the United States, the State of Ohio, or of any municipal corporation, school, township or county bonds, in said state, hold in reserve only such sums as may be needed for effecting the terms of this act, and all interest received by them shall be re-invested in like manner. The trustees of the sinking fund shall advertise for proposals at least once every three years for the deposit of all such sums so held in reserve, and shall deposit such reserve in such bank or banks, incorporated under the laws of the state of Ohio or of the United States, situated within the county, as may offer, at competitive bidding, the highest rate of interest and best security and accommodation and give a good and sufficient bond issued by a surety company authorized to do business in Ohio, or furnish good and sufficient surety in a sum not less than twenty per cent. in excess of the maximum amount at any time to be deposited; provided, that there shall not be deposited in any one bank except when such moneys are deposited for the purpose of meeting the pavment of some obligation an amount in excess of the paid in capital stock and surplus of such bank, and not in any event to exceed in amount four hundred thousand dollars, and to determine the method by which such bids shall be received, the authority which shall receive them, and which shall determine the sufficiencv of the security offered, the time for the contracts for which deposits of public money may be made and all details for licity. carrying into effect the authority here given, provided that all such proceedings in connection with such competitive bidding and the deposit of money shall be conducted in such manner as to insure full publicity and shall be open at Full puball times to the inspection of any citizen; provided further that as to any deposits made under authority of this act, neither the trustees of the sinking fund nor their bondmen, if such trustees of the sinking fund have exercised due bondsmen. care, shall be liable for any loss occasioned thereby. SECTION 2. That original section 109 be and the same is hereby repealed. JOSEPH D. CHAMBERLAIN, Speaker pro tem. of the House of Representatives. Trustees not liable. or To amend section 17 of an act entitled, "An act creating a fish and game commission, prescribing its duties and powers; to provide for the protection, preservation and propagation of fish and game in the state of Ohio and in and on the waters thereof and for the enforcement of the provisions of this act and to prescribe penalties for violations thereof," passed April 25, 1904. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section 17 of an act entitled, "An act creating a fish and game commission, prescribing its duties and powers; to provide for the protection, preservation and propagation of fish and game in the state of Ohio and in and on the waters thereof and for the enforcement of the provisions of this act and to prescribe penalties for violations thereof," be amended to read as follows: Sec. 17. No person shall catch, kill, injure, or pursue, any ruffed grouse, Mongolian pheasant, English pheasant, ring-neck pheasant, or other pheasant, before the tenth day of November, 1913, or after that date, except from the tenth day of November, to the first day of December, nor at any time catch, kill, injure, or pursue any of the birds named in this section by the aid or use of any trap, net, or snare; nor at any time disturb or destroy the nests, or eggs, or young of any bird named herein. Pheasants. SECTION 2. That said original section 17 be and the same is hereby repealed. Speaker pro tem. of the House of Representatives. JAMES M. WILLIAMS, Passed April 21, 1908. ANDREW L. HARRIS, Governor. 92G. Infirmary, destroyed by fire or condemned. [House Bill No. 1155.] AN ACT To amend section 1 of an act entitled, "An act to authorize county commissioners to appropriate money, levy tax, and issue and sell bonds in an amount not to exceed $50,000, in anticipation of such levy, to rebuild county infirmary, destroyed by fire and other casualty," passed March 3, 1904, as amended March 31, 1906. Be it enacted by the General Assembly of the State of Ohio: SECTION I. That section I of an act entitled, "An act to authorize county commissioners to appropriate money, levy tax, and issue and sell bonds in an amount not to exceed $50,000, in anticipation of such levy, to rebuild county infirmary, destroyed by fire and other casualty," passed March 3, 1904, as amended March 31, 1906, be amended to read as follows: Sec. I. That in any county in which a county infirmary has been destroyed by fire, and not rebuilt, or has been condemned as unsafe and uninhabitable by the chief inspector of workshops and factories at the time of the passage of this act, or shall hereafter be destroyed by fire, or other casualty the county commissioners of said county shall have authority to appropriate money, levy tax, and to issue and sell the bonds of said county in anticipation of such levy, in an amount not to exceed ninety thousand ($90,000.00) sue of bonds, dollars, for the purpose of rebuilding such infirmary without first submitting to the voters of said county the question as to the policy of rebuilding such infirmary, appropriating such money, levying such tax, and issuing and selling such bonds. Maximum is without vote. SECTION 2. That said section I be and the same is hereby repealed. Speaker pro tem. of the House of Representatives. JOSEPH D. CHAMBERLAIN, JAMES M. WILLIAMS, President of the Senate. ANDREW L. HARRIS, 93G. |