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SECTION 22. Any member of the school council or the impeachment director may be impeached for misfeasance or malfeasance in of director or office, by a proceeding in the probate court in the county in council. which said school district is situated on complaint thereof under oath filed therein by any elector of the school district, signed and approved by four electors thereof; and thereupon such proceedings shall be had and judgment rendered as provided in sections 1732 and 1736 inclusive of the Revised Statutes, for the impeachment of officers of municipal corporations; and the costs and expenses of the trial shall be Costa. charged upon the party filing the complaint, the accused or the board of education or apportioned among them, as the judge may see fit to direct, and shall be collected as in other cases
, provided that no costs or expenses shall be charged to the accused, if he is acquitted.
SECTION 23. The members of the board of education in offices of cer city districts of the second grade, first class, in office when tain membere this act takes effect, shall continue in office until the school abolished. council is organized as herein provided, at which time their powers and duties shall cease and determine, and their offices thenceforth shall be and are hereby abolished.
SECTION 24. Section 3899 of the Revised Statutes is Repeals; inhereby repealed; and all provisions of law in force when this consistent act takes effect, which are inconsistent with any provision of this act, shall be held to be superseded by the latter, as to the matter of inconsistency, and not otherwise, as to city districts of the second grade of the first class.
SECTION 25. This act shall take effect and be in force from and after its passage.
LEWIS C. LAYLIN ,
President of the Senata
[Senate Bill No. 125.]
To provide for the election of an additional judge of the court of common
pleas in the eighth judicial district. Section 1. Be it enacted by the General Assembly of the State Additional of Ohio, That for the eighth judicial district of the state of inese in titet Ohio
, there shall be an additional judge of the court of com- eighth district. mon pleas, who shall be a resident of the first subdivision, composed of the counties of Muskingum, Morgan, Guernsey and Noble, to be elected by the qualified voters of said counties as herein provided.
Notice and con uot of election.
First election; SECTION 2. That the first election for said additional beginning of term
judge shall be held on the first Monday in April, A. D. 1892, and his term of office shall commence on the 18th day of April, next thereafter.
SECTION 3. It shall be the duty of the sheriff in each county of said first subdivision, at least fifteen days prior to the first Monday of April, A. D. 1892, and at least fifteen days prior to the first Tuesday after the first Monday in November of each year, immediately prior to the expiration of each successive term of oflice of such additional judge, to give notice by proclamation according to law of the time and place for holding the election for such additional judge, which election shall be held at the time and place for the general election of state and county oflicers, and shall be conducted and the returns thereof be made in the manner required by law in case of election of other judges of the court
of common pleas. Compensation;
SECTION 4. Said additional judge shall receive the same obrers duties
. salary as other judges of the court of common pleas, and
when so elected and qualified shall have in all respects the fame powers and jurisdiction and discharge all the duties
conferred and enjoined by the constitution and laws of this Vacancy.
etate upon the judges of said court; and any vacancy that may occur in the office of such additional judge by death, resignation or otherwise, shall be filled as in other cases of vacancy in the office of judge of said court.
SECTION 5. This act shall take effect and be in force from and after its passage.
LEWIS C. LAYLIN
President of the Senate.
[Ser ate Bill No. 29.]
Appropriation for Joseph Silberberg
To provide for the payment of publishing th• constitutional amendments
not heretofure paid. SECTION 1. De it enacted by the General Assemb v of the Sate. of Ohio, That there be and.is here by appropriated out of any moneys in the state treasury to the credit of tre general rev. enue fund, not otherwise appropriated, a sum not to exceed forty-eight dollars, for the purpose of paying Joseph Silberberg for the publishing of the proposed coostitutional amendments provided for by the act passed April 25, 1891; the same shall be paid in accordance with section three of faid act, for tive months next prec. ding the general election of November, 1891, upon the warrant of the auditor of siate, upon a voucher approved by the supervisor oi public print
SECTION 2. This act shall take effect and be in force from and after its passage.
LEWIS C. LAYLIN
President of the Senato.
[House Bill No. 46.]
To amend section 2275 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State Ass+63 monto: of Ohio, That section 2275 be and the same is hereby amended so as to read as follows:
Sec. 2275. For the purposes of assessment, a city of the first grade and a city of the third grade of the first class shall and ober in all cases be considered a property owner as to inter- corporation sections, and any other property belonging to the corporation and to eat). abutting on the street or highway so improved; and the assessment chargeable to the corporation, together with at Simprovement. least one-fiftieth part of all costs and expenses, as provided for in section 2273, may be included in any bonds issued for the improvement, and be paid by it in like manner as by other property owners; and it shall not be necessary, before the making of improvements or acquiring of property by con- inapplicabla demnation in such cities, when the cost of such improvement or condemnation is to be collected by assessment upon abutting property, that the auditor shall certity as required by section 2099 and section 2702 of the Revised Statutes, that money
is in the treasury to meet that part of the cost which is herein provided shall be chargeable against such city; nor shall euch auditor's certificate be required when the cost of property appropriated by such city is to be paid for by the city until after the amount of compensation to be paid for such property has been fixed by judicial proceedings and until before the final passage of the ordinance providing for
payment of such compensation.
Repers. utes be and the same is bereby repcaled.
SECTION 3. This act shall take effect and be in force from
and after its passage.
LEWIS C. LAYLIN.
President of the Senato,
[House Bill No. 49.]
To amend section 1504 of the Revised Statutes of Ohio, as amended May
1, 1891 (88 O. L., p. 484).
SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section 1504 of the Revised Statutes of Ohio, as amended May 1, 1891, be amended to read as follows:
Sec. 1504. He shall, immediately after the township officers have made their annual settlement of accounts, make out and enter in the record in which the proceedings of the trustees are recorded, a detailed statement of all the receipts and the expenditures of the township for the preceding year, if any, and also the receipts and expenditures of the township board of education stating from what source the moneys were received, and to whom paid, and for what expended, and a detailed statement of all liabilities, if any, a copy of which statement he shall post up at least ten days before the first Monday of April, annually, with one notice of the township election and also a copy on the morning of the first Monday of April, annually, at each place of holding township elections in such township. Any township clerk refusing or neglecting to make out, enter and publish said detailed statement, shall be liable to a fine of not more than thirty dollars, nor less than twenty-five dollars, recoverable before any justice of the peace of the township, and to be paid into the school fund of the township.
SECTION 2. That said original section 1501, as amended May 1, 1891, be and the same is hereby repealed.
SECTION 3. This act shall take effect and be in force from and after its passage.
LEWIS C. LAYLIN.
President of the Senate.
[Senate Bill No. 81.]
To amend section 3309a of the Revised Statutes, as amended April 11th,
SECTION 1. Be it macted by the General Assembly of the S'ate of Ohio, That section 3309a of the Revised Statutes of Ohio, as
amended April 11th, 1890, be so amended as to read as follows: Securities for Sec. 3309a. Any railroad company now or hereafter orhodney in lieu ganized under the laws of this state, and any such company
which now is or shall hereafter be consolidated with other of preferred companies, as provided in sections thirty-three hundred and seventy-nine, thirty-three hundred and eighty, thirty-three hundred and eighty-one and thirty-three hundred and eightytwo of the Revised Statutes, may, at a meeting of its stockholders, called as provided in section thirty-three hundred and eight, in lieu of issuing preferred stock as provided in section thirty-three hundred and nine, provide for borrowing money to locate, construct and equip its proposed line of railway, or for the purpose of leasing or purchasing and equipping branch or connecting roads constructed or in proctss of construction, not exceeding ten miles in length, or for redeeming or exchanging any part or all of its previously issued bonds, or for funding its floating debt, or tor any or all of said purposes, in such an amount as it may
necessary, not exceeding its authorized capital stock, but companies formed when bonds by consolidation with one or more companies of other states, capital stock as provided in section thirty-three hundred and eighty, may may be issued. issue bonds in excess of such capital stock, and at such rates of interest as may be agreed upon between the respective parties, not exceeding seven per cent. per annum, payable semi-annually or quarterly, as they may direct, and may execute and issue securities theretor, and to secure the payment thereof may pledge the entire property and net income of such company by mortgage or otherwise; and any railroad when and for company formed by the consolid
on of a railroad company bonds may be or companies, created by or existing under the laws of this issued. state and any other state or states, with a railroad company or com panies of this state or any other state, may, from time to time, if authorized by the vote in person or proxy of holders of two-thirds (3) of the full paid-up stock of such consolidated railroad company present and voting at meetings of stock. holders, called as aforesaid, issue its bonds, convertible or otherwise, into stock, bearing a rate of interest not exceeding
per centum per annum, for one or more of the following purposes: Paying, redeeming or funding debts or obligations assu ined, incurred or created by it or either of its predecessors or constituent companies, compromising claims made against it or either of its predecessors or constituent companies, purchasing the whole or any part of any railroad held by it under lease to, or operating contract with it or either of its predecessors or constituent companits, acquiring the whole or any part of the stock or bonds of any railroad company owning a railroad held by such consolidated railroad company under lease or operating contract, acquiring the whole or any part of the bonds, notes or other obligations of any other railroad company of this or any other state, the whole or a majority of whose capital stock shall be held by such consolidated railroad company, completing, extending, improving, maintaining or operating its road, branches or lines, held under lease or contract, laying double or additional track, purchasing rolling stock, building depots, elevators or shops, and generally for any purpose needed in its business, and may, if the directors shall so determine, secure such issue or issues of bonds by