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Readvertising.

Repeals.

others in the manner aforesaid; and if no proposals are received offering a rate of interest as required in section two, the commissioners shall at once again advertise in the manner aforesaid for such proposals; and if satisfactory proposals are not received, the commissioners shall continue in the manner aforesaid to advertise for such proposals until acceptable proposals are received; but each said subsequent advertisement shall also state whether any proposal was received under the preceding advertisement, and if any was received, from what bank, and the rate of interest offered.

SECTION 2. That said original sections 2 and 3 of said act, passed May 21, 1894, be and the same are hereby repealed.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 March 17, 1896.

President of the Senate. 67G

Assessmentssidewalks and gutters:

Cleaning of side

in Springfield.

[House Bill No. 66.]

AN ACT

To supplement section 2329 Revised Statutes of Ohio, as amended April 20, 1893 (O. L., vol. 90, p. 213), with sectional number 2329a.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2329 of the Revised Statutes of Ohio as amended April 20, 1893 (O. L., vol. 90, p. 213), be and the same is hereby supplemented with sectional numbering 2329a, as follows:

SEC. 2329a. In cities of the second class, third grade a,. walks or gutters when the board of public affairs of any such city declares by resolution that certain specified sidewalks or gutters shall be cleaned so as to be free from weeds, grass, dirt or any other objectionable substance, it shall then be the duty of said board to cause notice of the passage of such resolution to be served upon the owners of each parcel of land abutting on such sidewalk or gutter so ordered cleaned. Such notice shall be given in the same manner as is provided in section 2329 Revised Statutes of Ohio, for service of notice to construct sidewalks. If said sidewalks or gutters are not so cleaned within five (5) days after service of the notice or completion of the publication then said board shall have the same done at the expense of the owner and report the cost thereof to the clerk of the corporation. The cost of such cleaning shall constitute a lien upon the property abutting upon such sidewalk or gutter so cleaned from the date that same is so reported to the said clerk. If the cost of said cleaning is not paid to the clerk of the corperation within ten

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days from the time that the same has been so reported to him by the said board of public affairs then the said clerk shall certify same together with a penalty of twenty per centum thereon, to the county auditor, who shall place the same upon the tax duplicate and collect such costs and penalty in the same manner as other taxes are collected. SECTION 2. 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 17,

1896.

President of the Senate.
68G

[House Bill No. 121.]

AN ACT

To supplement section 897 of the Revised Statutes of Ohio.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 897q be enacted supplement- County commisary to said section 897 of the Revised Statutes as follows:

sioners:

Salary and trav

in Butler county.

SEC. 8974. In counties in which is situated a city of the second class, third grade b, or which at any subsequent eling expenses federal census may have such city, each county commissioner shall receive a salary at the rate of sixteen hundred dollars per annum, to be paid in monthly instalments upon the warrant of the county auditor; said salary shall be full payment for all services rendered, except necessary traveling expenses incurred when on official business outside of the county. All such traveling expenses, before being paid shall be approved by the prosecuting attorney.

SECTION 2. 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 17, 1896.

President of the Senate.
69G

[House Bill No. 149.]

AN ACT

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To amend section 4940 of the Revised Statutes of Ohio, as amended

March 14, 1888.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4940 of the Revised Statutes of Ohio, as amended March 14, 1888, be so amended as to read as follows:

Bridges:

Construction of approaches to -county bridges.

terials.

Appropriation of materials.

tion and ma

terials.

SEC. 4940. The commissioners of any county shall cause to be constructed without unnecessary delay, good and sufficient approaches or ways to bridges which have been or may hereafter be erected by them; and they shall contract for the construction thereof in the same manner as is provided by law for contracting for the erection of bridges by Purchase of ma county commissioners; and the county commissioners of any county may contract for and purchase such stone, gravel, earth, dirt or other material as may be necessary for the construction of such approaches or ways to such bridges, or for keeping the same in repair; provided, that if the commissioners and the owner or owners of such stone, gravel, earth, dirt or other material can not agree on a price deemed fair and reasonable, like proceedings shall be had and with like effect as are provided by law for the procurement of material by the commissioners in like cases under the two-mile assessCost of construc ment pike law; and the cost of constructing such approaches and procuring such material shall be paid from the bridge fund of the county, on the order of the county commissioners; and said county commissioners may, when in their bridges and pay Opinion the safety of the public travel requires it, contract for the proper lighting of any of said bridges, when the span or two or more spans of which cross the same stream or streams and which spans are connected by levees, and when such span or spans and levees taken together have a combined length of not less than five hundred feet; and the cost of such lighting shall be paid from the bridge fund of the county on the order of the commissioners; but the trustees of the several townships shall cause to be built and kept in repair all bridges and culverts except upon improved and free turnpike roads, when the cost of construction does not exceed fifty dollars, and shall keep in repair all bridges constructed by the commissioners; provided, however, such repair by said trustees of any such bridge, in any year, shall not exceed ten dollars, and they are authorized to levy a tax for the payment of the same.

Lighting of

cost.

Construction and repair of bridges and culverts by township trustees.

Repeals, etc.

SECTION 2. Said section 4940, as amended March 14, 1888, be and the same 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.
ASAHEL W. JONES,

Passed March 17, 1896.

President of the Senate. 70G

[House Bill No. 338.]

AN ACT

To amend section 1724 of the Revised Statutes.

SECTION 1. Be it enacted by the General Assembly of

Election of mu- the State of Ohio, That section 1724 of the Revised Statutes be amended so as to read as follows:

nicipal officers:

SEC. 1724. When a vacancy happens in the members of the council, or board of aldermen, a special election shall be held within twenty days thereafter, unless the annual municipal election occurs within sixty days after the vacancy; and the mayor shall designate the time and place, or places, of such election, but at least ten days' public notice of it shall be given; provided, that in a village, the mayor, by and with the consent of the council, shall have power to fill vacancies in the board from the electors of the corporation, to serve till the next annual municipal election, when a person shall be eleced to serve for the unexpired term.

Manner of filling vacancy in council or board

of aldermen.

SECTION 2. That section 1724 be and the same is Repeals, etc.. 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.

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SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 2834 of the Revised Statutes of Ohio be amended so as to read as follows:

Levying taxes:

Transfer of surplus proceeds of loan.

special tax or

Reappropriation and transfer of

aupun estab lished fund or

division.

SEC. 2834. Whenever there is in the treasury of any city, village, hamlet, county, township or school district, any surplus of the proceeds of a special tax, or of the proceeds of a loan for a special purpose, which surplus is not needed for the purpose for which the tax was levied, or the loan made, such surplus may be transferred to the general fund by an order of the proper authorities entered on their minutes; and whenever there is in the treasury of any such civil division, at the annual meeting or meetings otherwise provided by law at which the annual tax levy is to be considered and adopted any surplus not exceeding one thousand dollars in any one established fund or division of the funds, which surplus is not needed for the purpose for which the fund was created, or the money appropriated, or the tax levied, before such annual tax levy is made, such surplus may be considered as unappropriated and may be reappropriated, and transferred, by an order as aforesaid, to some other existing fund for which a tax is to be or would otherwise be levied, and the sum which it would be necessary to raise by taxation for any purpose, if no such reapportionment was made, shall thereupon be reduced to the extent of the transfer thus made; provided, however, that this act shall in no Restrictions wise be considered as authority to make such reapportion

Repeals, etc.

ments or any transfer of funds at any other time than the meeting aforesaid to determine the tax levy nor to authorize transfers at any one such meeting of over three thousand dollars in the aggregate, nor that the amount which may be lawfully raised by taxation for any purpose may be increased by such transfer.

SECTION 2. That section 2834 aforesaid 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.
ASAHEL W. JONES,

Passed March 17, 1896.

President of the Senate. 72G

Natural gas:

Use of flambeau lights and

ilar burners.

[House Bill No. 168.]

AN ACT

To repeal section 4 of an act entitled “An act to regulate drilling, operating and abandonment of petroleum oil, natural gas and mineral water wells, and to prevent certain abuses connected therewith," passed February 9, 1893, as amended April 19, 1893. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 4 of an act entitled “An act to regulate drilling, operating and abandonment of petroleum oil, natural gas and mineral water wells, and to prevent certain abuses connected therewith," passed February 9, 1893, as amended April 19, 1893, be amended so as to read as follows:

SEC. 4. That it shall be unlawful for any person, co"jumbo" or sim- partnership, or corporation to use natural gas for illuminating purposes in what are known as flambeau lights; but nothing herein shall prohibit the use of "jumbo" burners or other burners consuming no more gas than such “jumbo" burners; but the person, copartnership, or corporation consuming said gas and using such burners in the open air, or in or around derricks shall turn off said gas not later than eight o'clock in the morning of each day such lights or burners are used and shall not turn on or relight the same between the hours of eight o'clock a. m. and five o'clock p. m. But nothing herein shall prohibit the burning of flambeau lights within the derrick of any drilling well or for the purpose of lighting the streets of towns, villages and hamlets.

Repeals, etc.

SECTION 2. That said original section 4 be and the same 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.

JNO. C. HUTSINPILLER, President pro tem. of the Senate. 73G

Passed March 19, 1896.

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