Repeals, etc. SECTION 2. That said original section 15 be and the same is hereby repealed, and this act shall take effect from its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. President of the Senate. Passed March 28, 1892. 128G Official stenographer in second subdivision third Judicial dis trict: appoint ment; office; qualifications. stationery; Term. Oath. Salary. Stenographic notes. [House Bill No. 556.] AN ACT To provide for an official stenographer for the second subdivision of the third judicial district of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the judge of the court of common pleas of the second subdivision of the third judicial district of Ohio, composed of the counties of Williams, Defiance and Paulding, shall, within 30 days from and after the passage of this act, appoint for said counties an official stenographer, who shall be a resident of one of the said counties, and who shall have his or her office in the court-house of said respective counties, which said office and the necessary stationery for the use of said stenographer shall be furnished by the commissioners of said respective counties. Said stenographer shall not, during the term of his or her said office, as provided in section 2 of this act, be the partner, clerk, student or employe of any attorney residing or practicing in any of said counties. SECTION 2. That such stenographer shall hold his or her office for the term of three years from and after the date of his or her appointment, and until his or her successor be appointed and qualified, unless sooner removed by the court for the neglect of duty, misconduct or incompetency. Such official stenographer shall, before entering upon the duties of said office, take an oath that he or she will faithfully discharge the duties of said office. Such stenographer shall receive a salary of eight hundred dollars ($800.00) per annum, payable quarterly out of the county treasuries of said counties of Williams, Defiance and Paulding, in proportions of onethird thereof to each of said counties, which salary shall be in lieu of all per diem fees in the circuit and common pleas courts of said counties; and it shall be the duty of the auditors of said counties to issue warrants on the treasurer for the payment of said salary, as herein provided, out of the general fund, upon presentation to him of a certified copy of the journal entry of the appointment of said official stenographer. SECTION 3. It shall be the duty of such stenographer, unless waived by the parties, to make or cause to be made accurate stenographic notes of the testimony of the witnesses, the charge of the court to the jury, all opinions rendered, and all such other oral proceedings as the court or the parties may direct Preference to be given common pleas in all cases actually tried or heard in the circuit and common pleas courts; and the short-hand notes so taken shall be the property of the county and preserved in the office of such stenographer; provided, that if sessions of the common pleas and circuit courts in said district are holden on the same days, said stenographer shall give preference to the common court. pleas court, unless excused by the judge thereof. It shall Transcripts. also be the duty of such stenographer to make or cause to be made, at the request of either party, his attorneys, or the court, an accurate transcript into long-hand of the notes so taken in any case, or such portion thereof as may be requested, to be paid for forthwith by the party or parties ordering the same, and the cost of said transcript, if used on appeal Costs of. or error, to be taxed in the cost and adjudged as the court may direct; but no transcript of the notes into long-hand shall be paid for out of the county treasury in any case, unless such transcript shall be ordered by the judge or judges trying the case for his or their own use, and in criminal cases by the prosecuting attorney. All such transcripts ordered by the judge or judges trying the case, and by the prosecuting attorney in criminal cases shall be paid for out of the county treasury, and the clerk of the court shall certify the amount of such transcripts, which certificate shall be a sufficient voucher to the auditor of the county, upon which he shall draw his warrant upon the county treasurer, and when so paid such fees shall be taxed and collected as other costs in the case. Such stenographer shall also, without extra charge Opinions and or compensation, take from the dictation of the court such short-hand notes as may be required in preparing opinions and charges to juries. SECTION 4. Said stenographer shall receive for making such transcripts of said notes into long-hand, in addition to said salary, eight cents per folio of one hundred words, and when more than one such transcript shall be ordered at the same time, the fee for making such additional transcript or such portion thereof, shall be one-third the fee allowed for the first сору, and shall be paid for in the same manner. And in Additional every case reported in said courts, there shall be taxed for each costs for stenographer's day's services of such stenographer a fee of four dollars, to be services. collected as other costs in the case, and when so collected, to be, by the clerk of the court, paid quarterly into the treasury of the county where earned. SECTION 5. This act shall take effect and be in force from and after its passage. LEWIS C. LAYLIN. Speaker of the House of Representatives. Passed March 29, 1892. President of the Senate. charges of court. Fees for making tran scripts. Insolvent debtors: Appointment and qualification of trustee [Senate Bill No. 75.] AN ACT To amend section 6342 of the Revised Statutes of Ohio. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 6342 of the Revised Statutes of Ohio be so amended as to read as follows: Sec. 6342. Whenever the court appoints a trustee to act in place of the assignee of the debtor, the appointment and to operate as a qualification of the trustee so appointed shall operate as a conveyance of all the property originally assigned to said assignee. conveyance. Repeals. SECTION 2. That said original section 6342 of the Revised Statutes be and the same is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. ELVERTON J. CLAPP, Speaker pro tem. of the House of Representatives. Passed March 29, 1892. 130G President of the Senate. Bonds for additional school buildings (Cincinnati). Redemption of ment est. [Senate Bill No. 157.] AN ACT To amend section 3 of an act passed April 25, 1891, entitled "An act to authorize boards of education in city districts of the first grade of the first class to issue bonds for the purpose of erecting additional school buildings. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 3 of an act passed April 25, 1891, entitled "An act to authorize boards of education in city districts of the first grade of the first class to issue bonds for the purpose of erecting additional school buildings," be and the same is hereby amended so as to read as follows: Sec. 3. To provide for the redemption of said bonds and bonds and pay the payment of the interest thereon, said boards of education shall annually set aside as a sinking fund a sum equal to five per cent. of the amount of said bonds issued and unredeemed, together with the interest thereon; provided, however, that no additional levy shall be authorized for said purpose, but said bonds and the interest thereon shall be redeemed from the fund arising from the levy now allowed by law. And the trustees of the sinking fund of cities of the first grade of the first class are hereby made and constituted the trustees of the sinking fund of boards of education in city districts of the first grade Duty of board of the first class; and it shall be the duty of said boards of education to turn over to said trustees of the sinking fund, annually, the amount above provided to be set asides a sinking fund, together with the interest on said bonds; and it shall Trustees of sinking fund of board of education. of education. be the duty of the said trustees of the sinking fund to receive said sum and said interest and to pay therefrom the interest coupons on said bonds as they become due, and redeem the said bonds with the said sinking fund so turned over to them by the said boards of education, and said sinking fund trustees shall have power to invest said sums so turned over to them in the same manner that they are authorized by law to invest the funds of such cities; provided, however, that all interest earned by such investments of said fund shall be used solely for the purpose of redeeming such bonds issued by the said boards of education; and provided further, that it shall be the duty of said sinking fund trustees, from time to time, after ten years from the date of said bonds, to redeem so many of said bonds as the said sinking fund, together with whatever interest it may have earned, then in their hands, may be able to redeem, upon the passage of a resolution by the board of education requesting them so to do; and provided further, that in lieu of the annual cash payments for the sinking funds herein provided for, the said boards of education may surrender to the trustees of the sinking fund of cities of the first grade of the first class any of said bonds unissued by said boards of education, or any of said bonds redeemed by said boards of education, equivalent in par value to the said annual cash payments herein required, which bonds shall thereupon be canceled by said trustees, and that thereupon said boards of education shall pay to the said trustees of the said sinking funds annually the interest only on the bonds issued, outstanding and unredeemed; and provided further, that the trustees of the said sinking funds shall annually report to said boards of education, in writing, the condition of the funds hereby created and the bonds herein provided for. Duties and powers of trustfund, etc. ees of sinking SECTION 2. Said section 3 of said act entitled "An act to Repeals, etc. authorize boards of education in city districts of the first grade of the first class to issue bonds for the purpose of erecting additional school buildings," as passed April 25, 1891, be and the same is hereby repealed; and this act shall take effect and be in force from and after its passage. ELVERTON J. CLAPP, Speaker pro tem. of the House of Representatives. Passed March 29, 1892. 131G President of the Senate. [Senate Bill No. 214.] AN ACT To amend section 2330a of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State Assessmentsof Ohio, That section 2330a of the Revised Statutes be sidewalks, etc. amended so as to read as follows: Council of cer tain cities and construct side villages may walks, etc., and assess costs. Exemption Bonds. Sec. 2330a. In cities of the fourth grade, second class, and in villages in counties containing a city of the first grade, first class, whenever sidewalks, curbing or gutter are to be constructed pursuant to a resolution of council, under section 2329 of the Revised Statutes, the council may construct such walk or part or parts of walk, curbing or gutter, and assess the cost and expense of constructing such sidewalk, curbing or gutter, or part or parts thereof upon the abutting property, which, from penalty. however, shall be exempted from the penalty provided in section 2330 of the Revised Statutes; and to carry out such purpose the council is hereby authorized to issue the bonds of such city or village, in denominations not to exceed one thousand dollars each, to be payable in not less than one nor more than ten years' issue, and shall bear interest at a rate not to exceed six per cent. per annum, interest payable semi-annually, which bonds shall be sold for not less than their par value, and the proceeds arising from such sales to be applied to the cost of such improvements and the cost of issuing such bonds and the payment of interest thereon, and to no other purpose; provided, that the council may use the bonds at their par value in payment of contractors without advertising for their sale. The assessments upon the abutting property shall be in such amounts as will be sufficient to provide for the payment of such bonds, and the interest due thereon as the same mature, and such assessments shall be certified by the clerk of such city or village to the auditor of the county in which such city or village is situated, and placed upon the duplicate, and shall be a lien upon the property so assessed. Whenever the council shall determine to improve the sidewalks, curbing or gutter of any street, streets or portion of streets in accordance herewith, they shall advertise for bids in some paper published or of general circulation in the city or village where such work is to be done, and all such bids shall designate the material and kind and quality of material proposed to be used; and all bids must be on file with the clerk of said city or village for ten days before the contract shall be awarded, and any property owner may elect whether he or she desires to pay cash for the same or have it placed on the tax duplicate as herein provided. If any person electing to pay cash shall fail to do so within thirty days after the completion of the work, it shall be the duty of the clerk to certify the amount to the auditor as herein provided. The council may reject any and all bids. Assessments. Bids. Property own er may elect to Failure to pay, pay cash, etc. etc. Rejection of bids. Repeals. SECTION 2. Said original section 2330a is hereby repealed. SECTION 3. This act shall take effect and be in force from and after its passage. ELVERTON J. CLAPP, Speaker pro tem. of the House of Representatives. Passed March 29, 1892. President of the Senate. |