Rules governing levy of special assessments in Cincinnati, Toledo and Springfield. Rules governing levy of special assessments ac cording to valu ation. tion 2269 of the Revised Statutes of Ohio, as amended May 21, 1894 (O. L., vol. 91, p. 377), be and the same are hereby amended to read as follows: SEC. 22646. In cities of the first and third grade of the first class, and in cities of the second class, third grade a, in making assessments as provided for in section 2264 of the Revised Statutes, said assessment may be made on the abutting and such adjacent and contiguous or other benefited lots and lands in the corporation, either in proportion to the benefits which may result from the improvement, or according to the value of the property assessed, or by the abutting foot of the property bounding and abutting the improvement, in the manner and subject to the restrictions provided in said section 2264. SEC 2269. In making special assessments, according to valuation, the council shall be governed by the assessed value of the lots, if the land is subdivided and the lots are numbered and recorded; but if the lots are not assessed for taxation, or if there is land not subdivided into lots, the council shall fix the value of the lots or the value of the front of such land to the usual depth of lots, by the average of two blocks, one of which shall be next adjoining on either side; and if there are no blocks so adjoining, the council shall fix the value of the lots or lands to be assessed so that it will be a fair average of the assessed value of other lots in the neighborhood, and if in making a special assessment by the foot front, or in cities of the first and third grade of ledo and Spring the first class, or in cities of the second class, third grade a, by the abutting foot, there is land bounding or abutting upon the improvement not subdivided into lots, the council shall fix the depth of such lands so that it will be a fair average depth of the lots in the neighborhood, which shall be subject to such assessment; and this section shall be applicable to special assessments provided for in this chapter, excepting assessments according to benefits. Cincinnati, To field. Repeals. SECTION 2. That supplemental section 22646 of the Revised Statutes of Ohio, as amended May 21, 1894, and section 2269 of the Revised Statutes of Ohio, as amended May 21, 1894 (O. L., vol. 91, p. 377), be and the same are hereby repealed. SECTION 3. 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 February 13, 1896. President of the Senate. 21G [House Bill No. 122.] AN ACT To amend sections 1, 2, 4, 6 and 7 of an act entitled "An act to prohibit the use of fictitious names in partnership," passed May 19, 1894 (O. L., vol. 91, pp. 357, 358). SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 1, 2, 4, 6 and 7 of the act Partnership: entitled "An act to prohibit the use of fictitious names in partnership," passed May 19, 1894 (O. L. 91, pp. 357, 358), be amended so as to read as follows: Certificate cer tain partnerships required SEC. 1. Except as otherwise provided in the next section, every partnership transacting business in this state under a fictitious name, or a designation not showing the to file. names of the persons interested as partners in such business, must file with the clerk of the court of common pleas of the county in which its principal office or place of business is situated, a certificate to be indexed by said clerk stating the names in full of all the members of such partnership and their places of residence. SEC. 2. A commercial or banking partnership established and transacting business without the United States, may, without filing the certificate prescribed in the foregoing section, use in the state the partnership name used by it there, although it be fictitious or does not show the names of the persons interested as partners in such business. Foreign partnerships ex cepted. New certificate on change in membership. SEC. 4. On every change in the members of a partnership transacting business in this state under a fictitious name or designation which does not show the names of the persons interested as partners in the business, except in the cases mentioned in section two of this act, a new certificate must be filed with the clerk of the court of common pleas, as required by this act, on the formation of such partnership, and for the filing and indexing of each certificate under the Fee of clerk. provisions of this act, said clerk shall be entitled to charge the partnership filing the same the sum of forty cents. SEC. 6. That after the passage and approval of this act, any persons doing business as partners contrary to the provisions of this act, shall not commence nor maintain an action on or on account of any contracts made, or transactions had in their partnership name in any court of this state, until they shall have first filed the certificate herein required; provided, however, that if such partners shall at any time comply with the provisions of this act, then such partnership shall have the right to commence an action, or if such action has been commenced to maintain the same on all such partnership contracts and transactions entered into prior as well as after such compliance with this act. Actions. SEC. 7. Copies of the entries of a clerk of the court of Evidence. common pleas as herein directed, when certified by him, as herein directed, are presumptive evidence of the facts therein stated. Repeals, etc. SECTION 2. That the said original sections 1, 2, 4, 6 and 7 of such act, passed May 19, 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 February 13, 1896. President of the Senate. 22G Villages and hamlets: [House Bill No. 151.] AN ACT To amend section 1553 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1553 of the Revised Statutes be amended to read as follows: SEC. 1553. The inhabitants of any territory laid off Right to incor- into village or hamlet lots, a plat of which territory has been acknowledged and recorded as is provided with respect to deeds, or the inhabitants of any territory which has been laid off into such lots and surveyed and platted by an engineer or surveyor who certifies thereon, under oath, to its correctness, and which is recorded as is provided with respect to deeds, or the inhabitants of any island or adjacent islands, or parts thereof, or of such island or islands or parts thereof, and adjacent territory, may obtain the organization of a village or hamlet, in the manner provided in this title; and when such village or hamlet is organized upon any island or islands, it may be done without reference to the number of permanent inhabitants embraced within such territory, and without such plat having been first made; provided, that no corporation under this chapter shall embrace within its limits the grounds or improvements of any county or city infirmary. Restriction. Repeals, etc. SECTION 2. Said original section 1553 is 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 February 13, 1896. President of the Senate. 23G Appropriations for Ohio state amiversity. [House Bill No. 199.] AN ACT Making appropriations for the Ohio state university. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there be and is hereby appropriated from any moneys raised or coming into the state treasury to the credit of the Ohio state university fund, not otherwise appropriated, for the last three quarters of the fiscal year ending November 15, 1896, and the first quarter of the fiscal year 1897, the sum of ninety thousand ($90,000) dollars, or so much as may come into the treasury to the credit of said fund; and for the last three quarters of the fiscal year ending November 15, 1897, and for the first quarter of the fiscal year 1898, the sum of ninety-one thousand dollars ($91,000), or so much as may come into the treasury to the credit of said fund, to be applied to the uses and purposes of the Ohio state university, in accordance with the provisions of section 3951 of the Revised Statutes of Ohio, as amended March 20, 1891. (O. L. SS, p. 159.) SECTION 2. 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, President of the Senate. To amend section 4476 of the Revised Statutes of Ohio, as amended SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section four thousand four hundred and seventy-six of the Revised Statutes of Ohio, as amended January 30, 1883 (O. L., vol. 80, p. 9), be amended so as to read as follows: SEC. 4476. No bid shall be entertained which exceeds the estimated cost of construction; the surveyor or engineer shall sell first, the job or labor of the construction of the working section of the outlet or mouth of the improvement, and fix a day when the job shall be completed, not exceeding in any case, one hundred and fifty days from the day of sale, and shall then sell each remaining working section in its order, up stream, and require the labor on each to be completed within a time so fixed that will, as nearly as practicable, secure an outlet for the water as each section is completed, but the commissioners may, if the construction of such work will be facilitated thereby, authorize the sale or construction of such work, or either, to be made and performed in a different order and time from that herein above specified. The surveyor or engineer shall make contracts and take bonds as aforesaid and report his doings to the commissioners within five days from the date of sale, and return the contracts and bonds to the auditor, who shall file and carefully preserve the same; the contracts and bonds shall be examined and approved or disapproved by the com County ditches: Provisions as to sale, construcbonds, liability, tion, contracts, Repeals, etc. missioners, who shall cause an entry of their decision to be made on their journal, and the contractors to be notified of the approval or disapproval of the contracts and bonds; and the contractor for each job shall be liable, on his bond so given, for all delays after the expiration of the time named therein for the completion of the job, and for the payment of all damages which accrue by reason of the failure to complete the job within the time required in the contract therefor, and for the payment of all labor and material and for all debts incurred in the performance of his contract. All claims under this act shall be filed with the engineer before the expiration of the time for the completion of such con tract. SECTION 2. That said original section forty-four hundred and seventy-six, as amended January 50, 1883 (0. L., vol. 80, p. 9), be and the same is hereby repealed and this act shall take effect on and after its passage. CHARLES II. BOSLER, Speaker pro tem. of the House of Representatives. Passed February 19, 1896. President of the Senate. 25G To change name: Proceeding to person. [Senate Bill No. 31] AN ACT To amend section 5853 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That said section 5853 of the Revised Statutes of Ohio be amended so as to read as follows: SEC. 5853. A person desiring to change his name change name of may file a petition in the court of common pleas, or in the probate court, of the county in which he resides, setting forth that he has been a bona fide resident of such county for at least one year prior to the filing of the petition, the cause for which the change of name is sought, and the new name asked for; and the court, upon being satisfied, by proof in open court, of the truth of the facts set forth in the petition, that there exists. reasonable and proper cause for changing the name of the petitioner, and that notice of the intended application has been given by one publication in a newspaper of general circulation in such county at least thirty days prior to filing of the petition, may order such change of name, and the probate judge is authorized to charge for his services in the proceedings, the sum of three dollars, and no Fee of probate judge. |