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To amend section 3951 of the Revised Statutes of Ohio as amended
March 20, 1891.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3951 of the Revised Statutes of Ohio be amended so as to read as follows:

SEC. 3951. For the purpose of affording the advantages of a free education to all the youth of the state, there shall be levied annually a tax on the grand list of taxable property of the state, which shall be collected in the same manner as other state taxes, and the proceeds of which shall constitute "the state common school fund;" and for the purpose of higher, agricultural and industrial education, including manual training, there shall be levied and collected in the same manner, a tax on the grand list of taxable property of the state, which shall constitute "the Ohio state university fund." The rate of such levy in each case shall be designated by the general assembly at least once in two years; and if the general assembly shall fail to designate the rate for any year, the same shall be for "the state common school fund," one mill; and for "the Ohio state university fund" one-tenth of one mill, upon each dollar of valuation of such taxable property..

School funds:

"The state com

mon school

fund" and "the

Ohio state uni

versity fund."

SECTION 2. Said section 3951 of the Revised Stat- Repeals, etc. utes of Ohio, as amended March 20, 1891, is hereby repealed,

and this act shall take effect from and after its passage.

Speaker pro tem. of the House of Representatives.

CHARLES H. BOSLER,

ASAHEL W. JONES,

President of the Senate.
55G

To amend section 568, as amended, of the Revised Statutes of Ohio.

peace:

Increase or decrease in num

ber in township.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 568, as amended, of the Re- Justices of the vised Statutes of Ohio be amended so as to read as follows: SEC. 568. When it is made to appear to the satisfaction of the probate judge of the proper county, that there is not a sufficient number of justices of the peace in any township thereof, and, also, that public notice had been given in such township that application would be made for an additional number of justices of the peace, the court is authorized to add one or more justices to such township, as seems just and proper, and the trustees shall give notice to

When part of township attached to another; Hamilton and Cuyahoga counties.

Repeals, etc.

the electors of such township to elect such justice or justices so added, agreeably to the provisions of section five hundred and sixty-seven (567); and when it is made to appear to the court aforesaid, that it is expedient to decrease the number of justices in any township, the court is authorized to restrict the number as it judges proper; but no justice may be deprived of his commission until the expiration of the term for which he was elected; and except in counties containing a city of the first grade of the first class and except in counties containing a city of the second grade of the first class, if a part of any township is attached to any other township, justices of the peace residing within the limits of that part of the township so attached as aforesaid, shall execute the duties of their office in the township to which the same is attached, in the same manner as if they had been elected for such township. SECTION 2. Said section 568, as amended (91, O. L., p. 78), 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 March 9, 1896.

ASAHEL W. JONES,

President of the Senate. 56G

Cincinnati parks and public fountains:

Contracts and rules.

Repeals.

[Senate Bill No. 73.]

AN ACT

To amend section 2507 of "An act to amend and re-enact sections 2506, 2507, 2508, 2509 and 2510 of the Revised Statutes, and repeal acts inconsistent therewith," as enacted January 30, 1894 (91 O. L., p. 7).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2507 as amended and reënacted by "An act to amend and reënact sections 2506, 2507, 2508, 2509 and 2510 of the Revised Statutes, and to repeal acts inconsistent therewith" (91, O. L., p. 7), be so amended as to read as follows:

SEC. 2507. The board shall have power to make contracts for the improvement of the grounds, the erection of the necessary structures thereon, and to adopt rules for the protection, care and government of the parks and public fountains under its charge, and such rules shall have the same effect and may be enforced by the same penalties as ordinances of the city.

SECTION 2. That section 2507, as amended and reenacted by an act entitled "An act to amend and reënact sections 2506, 2507, 2508, 2509 and 2510 of the Revised Statutes, and to repeal acts inconsistent therewith" (91, O. L., p. 7), is hereby repealed.

SECTION 3. 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,

Passed March 9, 1896.

President of the Senate.
57G

[Senate Bill No. 38.]

AN ACT

To amend section 3175 of the Revised Statutes of Ohio, and section 3176 of the Revised Statutes of Ohio, as amended March 9, 1882 (O. L. 79, p. 31), and section 3177, as amended March 29, 1893 (90 O. L., p. 129).

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That sections 3175, 3176 and 3177 of the Revised Statutes of Ohio be amended so as to read as follows:

SEC. 3175. All such bonds, notes, bills and checks, payable at a day certain after date, or after sight, shall be deemed due and payable on the day mentioned for the payment of the same, without days of grace being allowed thereon, except that when such day mentioned be upon the first day of the week or a legal holiday, then the day of payment shall be upon the next succeeding business day; and it shall not be necessary to protest for non-acceptance any check, bill of exchange or draft, appearing on its face to have been drawn on any bank, banker, broker, exchange broker or banking company, payable on a specific day or any number of days after the date of sight or the date thereof, nor to give notice of non-acceptance to the drawer or indorser thereof.

[blocks in formation]

Due diligence in demand of payof non-payment.

ment and notice

SEC. 3176. The demand of payment from the maker of any such bond or note, or the drawee of any such bill of exchange or check upon the day mentioned for payment as above provided, and notice of non-payment thereof to the indorser of any such instrument, and the drawer of any such bill or check within a reasonable time thereafter, shall be adjudged due diligence unless the endorsement express in writing other conditions; and in any town or city having a Notice by mail. system of postal collection and delivery by carriers, notice of non-acceptance or non-payment of any negotiable instruments may be given by mail to any drawer or indorser thereof, resident of such town or city and entitled to such notice, in the manner now authorized for service by mail in other cases.

SEC. 3177. The following days. viz.: The first day of January, fourth day of July, the twenty-fifth day of December, twenty-second day of February, thirtieth day of May, first Monday of September of each year, and any day

what days regarded as holi

days.

Repeals.

appointed and recommended by the governor of this state, or the president of the United States as a day of fast or thanksgiving, or any day which may hereafter be made a legal holiday, shall for all purposes whatsoever of payment, presentment for payment, or acceptance, and the protesting or the giving of notice of non-acceptance or of non-payment of all such instruments, be considered as a first day of the week; but if the first day of January, fourth day of July, the twenty-fifth day of December, twenty-second day of February, or the thirtieth day of May be on the first day of the week, the succeeding Monday for the same purposes shall be considered as the first day of the week.

SECTION 2. That said section 3175 of the Revised Statutes of Ohio, and section 3176 of the Revised Statutes of Ohio, as amended March 9, 1882, and section 3177 Revised Statutes of Ohio as amended March 29, 1893, be and the same are hereby repealed.

SECTION 3. This act shall take effect and be in force from and after the first day of September, 1896.

CHARLES H. BOSLER,

Speaker pro tem. of the House of Representatives.
ASAHEL W. JONES,

Passed March 12, 1896.

President of the Senate. 58G

Safe deposit and

[Senate Bill No. 57.]

AN ACT

To amend section 3821 of the Revised Statutes, as passed May 16, 1894, relating to safe deposit and trust companies. (O. L., v. 91, p. 256.)

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3821f of the Revised Stattrustcompanies: utes, as passed May 16, 1894 (O. L., v. 91, p. 256), be amended so as to read as follows:

Provisions ap

plicable to probate courts in

SEC. 3821f. The provisions of section 3821c, 3821d and 38210, relating to the power of the probate court to apcertain counties. point any such company to act as executor, administrator, assignee, guardian, receiver or trustee, shall apply only to probate courts in counties containing a city of the first or second grade of the first class or a city of the first or third grade of the second class.

Repeals, etc.

SECTION 2. That said section 3821f, as passed May 16, 1894, be, and the same is hereby repealed, and this act shall take effect on its passage.

DAVID L. SLEEPER,
Speaker of the House of Representatives.

JNO. C. HUTSINPILLER,
President pro tem. of the Senate.
59G

Passed March 13, 1896.

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To authorize the improvement of public roads of townships and streets of villages therein.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the trustees of any township in this state, in which no free turnpikes have been constructed or are in course of construction, shall, when the petition of one hundred or more of the taxpayers of such township, including any village therein is presented to them praying for the improvement of the public roads and streets of such township and village, submit the question of the improvement of said roads and streets to the qualified electors of such township and such village, at the next general election held after the presentation of such petition.

Submission of road and street improvement question to elec tors of township and village therein.

sition and ballot.

SECTION 2. The qualified electors of such township Form of propoand such village shall at said election have submitted the policy of the improvement of its public roads and streets by general taxation. Those voting in favor of such proposition shall have on their ballot, "Road improvement by general taxation-Yes;" and those opposed, "Road improvement by general taxation-No." The township trustees Notice of elec shall cause notice of said election to be published in two tion. newspapers in general circulation if such are printed in said township for at least ten days, and shall also cause handbills, announcing the same, to be posted at the usual places of holding elections, at each precinct in such township at least ten days previous to such election.

Appointment,

duties and comjudges and and returns of

pensation of

clerks; conduct election.

SECTION 3. The trustees of such township shall appoint three judges and two clerks for each precinct therein, who shall conduct such election in like manner as is by law provided for holding other elections, and who shall within three days thereafter return to the clerk of said township a full and correct abstract of the votes cast at such election, and shall be governed in all respects by the laws regulating general elections, and shall receive the same compensation as judges and clerks of other elections, which shall be paid out of the township funds, under the order of the township clerk. The poll-book and abstract so returned to the township clerk, shall within five days thereafter, be turns and opened by the township trustees and clerk and a correct statement of the result shall be entered upon the records of the township by the clerk for public inspection.

Canvass of re

record of result.

Result of nega

SECTION 4. If at such election a majority of the votes cast are against the policy of improving the roads by tive vote. general taxation, the township trustees shall not assess

any taxes for that purpose; but they shall, when a like pe- Resubmission tition is thereafter presented to them, again submit the same of question. question at the next annual election, either spring or fall, to the qualified voters of such township, including such village, notice of which shall be given and the election conducted, in all respects, in the manner hereinbefore prescribed.

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