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arbitration, which arbitration shall be conducted in accordance with the law regulating arbitrations, so far as the same may be applicable, by three disinterested persons, to be appointed upon the motion of either of the parties by the judge of the probate court of the county in which the person owning the stock resides, or, in case he is a non-resident of any county through or into wbich the road passes, then in the county in which the principal office of the conipany is kept. If the person so refusing to convert his stock refuses to Proceedings submit the question to arbitration, the probate judge, upon Wonder refuses the application of either of the companies desiring to consoli- to arbitrate. date, sball appoint the arbitrators, who shall proceed to ascertain the value of the stock, the same as it the question had been submitted by the consent of both parties; and if Deposit of the party owning the stock refuses to receive the amount award. awarded in any case, the company may deposit the same with the probate court of the county in which the arbitration is held, which deposit shall authorize the parties to proceed to consolidate without further payment to such stockholder. Provided, however, if the agreement of consolidation provide preferred that the preferred stock of the consolidated companies, or either of them, shall become and be the preferred stock of the consolidated company upon the same terms and conditions as those
upon which it was issued, then this section shall not apply thereto.
Sec. 3388a. In all cases of consolidation provided for in application of section 3380 of the Revised Statutes, the provisions of the procedure section hereby supplemented shall apply only to stockholders solidation of of companies created and organized under the laws of this foreigu.com state, and not to stockholders of any corporation organized porativu. or existing under the laws of any other state or states, it being the intention that the rights of stockholders of such companies shall be determined by the law of such other state
SECTION 2. That this act shall not affect the rights of Proceedings stockholders in companies which have heretofore commenced proceedings for consolidation; that said section 3388, as repeals, etc. amended April 4, 1890, is hereby repealed; and this act shall take effect and be in force from and after its passage.
LEWIS C. LAYLIN,
ELBERT L. LAMPSON
President pro toin. of the Senate.
(House Bill No. 31.]
use or occu
To amend section 2500a of the Revised Statutes, as passed April 5, 1889.Railways in
SECTION 1. Be it enacted by the Gencral Assembly of the State corporate lim- of Ohio, Tbat section 2500a of the Revised Statutes, as passed
April 5, 1889, be and the same is hereby amended so as to read as follows:
Sec. 2.500a. In addition to the powers specifically granted powers of cer. in said section 2500, and in sections 2492 to 2199 inclusive, and palities ( in in section 1692, and the acts amendatory of and supplementary cinnati and
thereto, of the Revised Statutes of Ohio, cities of the first Columbus):
grade of the first and second classes shall have the following general powers, and the board of legislation or council may
provide, by ordinance, for the exercice and enforcement of the Obstruction, game: To provide against and prevent the obstruction, use paney of str ets or occupancy of any street or other public highway, with or hiehways by any locomotive, car, cars or train, by any railroad company, panies. companies, superintendent, agent or other employe thereof,
either directly or indirectly, permitting or suffering such locomotive, car, cars or train to remain upon or across such street or other public highway, or any part thereof, or by coupling, switching or shifting of locomotives, cars or trains, or the making up of trains upon or across such street or other public highway, or any part thereof, or by the moving or stopping of trains upon or across the same, for a period longer than two minutes at one time; to prevent such obstruction, use or occupancy of any such street or other public highway by any railroad company, companies, superintendent, agent or other employe thereof, either directly or indirectly, for a period of ten minutes after the same has been once so obstructed, used or occupied for said period of two minutes, so as to give and guarantee to the public the exclusive use of such street
or other public high way for ten minutes thereafter; to rear drugstölumen quire any railroad company or companies so using such
street or other public highway, for said period of two minutes, to provide and maintain suitable bars or gates and watchmen at such street or other crossing, to secure and warn the public against the dangers attending such use. It is further provided, that the board of legislation or council of such cities, to carry into force and effect the provisions of any ordinance or ordinances under this section, shall have power to preEcribe penalties for any violation thereof, by fine not to exceed fify dollars for each oftense, or by imprisonment not to exceed thirty days, or both fine and imprisonment for
each and every repeated violation thereof after the first Arrivaland
offense. It is provided further, that nothing herein shall departure of be so construed as to affect or interfere with the arrival regular trams.
and departure of regular railroad trains moving on and across such street or public highway, without stopping, at
a rate of speed not exceeding six miles per hour. Repeals.
SECTION 2. That section 25500x of the Revised Statutes, as passed April 5, 1889, be and the same is hereby repealed.
Bars or gates
SECTION 3. This act shall take effect and be in force from and alter its passage.
LEWIS C. LAYLIN.
President of the Senate.
[IIouse Bill No. 451
To amend sections 2304 and 2329 of the Revised Statutes. SECTION 1. Be it enacted by the General Assembly of the State Assessments: of Ohio, That sections 2304 and 2329 of the Revised Statutes be amended so as to read as follows:
Sec. 2304. When it is deemed necessary by a city or vil- Resolution delage to make a public improvement, the council shall declare claring necesby resolution the necessity of such improvement, and shall provement. give twenty days' written notice of its passage to the owners Notice to ownof the property abutting upon the improvement, or to the per- roof abutting sons in whose names it may be assessed for taxation upon
the tax duplicate, who may be residents of the county, which notice shall be served by a person designated by the council upon such persons in the manner provided by law for the service of summons in a civil action, and publish the resolu- Publication of tion not less than two por more than four consecutive weeks rc=0), uiion. in some newspaper published and of general circulation in
corporation ; provided, that in case of sewers, the twenty Sewers. days' written notice to the owners of abutting property, or to
persons in whose names the abutting property is assessed, shall not be required; and, provided, that when there is no Written newspaper published in such city or village, written notices Dutc's. shall be posted in twelve public places in the city or village; and all plans and profiles relating to the improvement shall plans and pro be recorded and kept on file in the office of the city civil enginetr or clerk, and open to the inspection of all parties interested ; and council may app:int a person to serve the notice provided for by this section, who shall make a return of the and ling of time and manner of such service, and verify the same by an evidence. affidavit, which shall be filed with the clerk of the corporation, and the same, or a certified copy thereof, shall be prima facie evidence of the service of the notice as therein stated; pro- Cincinnati. vided, that in cities of the first grade of the first class, the power to serve and publish such notice shall be vested in the beard of city commissioners or their successors in office provided for in the second chapter of this division.
Sec. 2329. When the council, board of improvements or Notice to ownbo rd of public works, as the case may be, declares, by tsolu- ers of abunting tion that certain specified sidewalks shall be constructed or construc or rerepaired, the mayor or board of public works, where
Force and ef
Notice to re
fects in side
there is such a board, upon being advised thereof, shall cause a written notice of the passage of such resolution to be served as provided in section 2304 upon the owner or the agent of the owner of each parcel of land abutting on such sidewalk who may be a resident of the city or village, in the manner
provided by law for the service of summons in a civil action, Return and fil: and shall return a copy of suck notice with the time and 'ing of copy of
manner of service indoreed thereon and signed by the officer
Ferving the same, to the clerk of the corporation who shall Service upon
file and preserve the same in his office; and for the purpose of agent of owner.
such service, if the owner is not a resident of the city or village, any person charged with the collection of rents, or the payment of the taxes of such property, or having general control thereot in any way, shall be regarded as the agent of the
owner; and such return shall have the like force and effect as fect of returu. the sheriff''s return on a summons in a civil action; provided,
that when it shall come to the knowledge of the city commispair certain daugerous de. sioner or such other oflicer as the council may by resolution walks.
designate, that any dangerous defect exists in any sidewalk, the total cost of repairing which to be charged to any one parcel of land shall not exceed five dollars, it shall be sufficient for, and the duty of such officer to forth with, in like manner and with like effect, serve and return a notice to the owner of such land, or his agent, stating that if such repair be not made within three days by such owner, the same will be made at
at a reasonable cost to be stated in the notice, and that if said cost be not paid to the clerk of the corporation
within fifteen days after such repair is made, the same will be Making of such charged against said land as taxes. And if such repair be not repairs atou made within such three days, such designated oilicer shall
forth with repair the same and report the fact to the clerk, who shall thereafter certify the sum named in the notice, if not paid within such fifteen days, to the county auditor for taxation. But such sum shall be in each case a reason
able charge for the material furnished and the work performed. Notice to non. And if it appear in the return in any case that such owner is
a non-resident or that neither any such owner nor agent nor persons not found, their residence could be found, then notice may be given by
publication of a copy of the resolution in some newspaper
of general circulation in the corporation. Repeals.
SECTION 2. That said sections 2304 and 2329 of the Revised Statutes be and the same are hereby repealed.
SECTION 3. This act shall take effect and be in force from and after its
LEWIS C. LAYLIN,
President is the Senate.
[IIouse Dill No 139.]
bord of edu(ation.
To provide for the more efficient organization of the common schools in
township districts. SECTION 1. Be it enacted by the General Assembly of the State Township and of Ohio, That sections 3915, 3916, 3917, 3920, 3922, 3927 (am. tricts: April 8, 1891), 3929, 3941a, 3961, 3978, 3981 (am. Feb. 26, 1891), 3987, 3989, 4014, 4017 (am. April 28, 1890), 4018 (am. March 6, 1690), 4019, 4032 and 4034 of the Revised Statutes of Ohio be amended so as to read as follows:
Sec. 3915. The board of education of each township Township district divided into subdistricts shall consist of the township clerk, and one director elected for a term of three years from each subdistrict. The clerk of the township shall be ex-officio the clerk of the board, but shall have no vote except in cases of a tie.
Sec. 3916. There shall be elected by ballot on the second Directors ; first. Monday of April, 1893, in each subdistrict, by the qualified election. electors thereof, one competent person, having the qualifications of an elector therein, to be styled director. Those Classes. elected sball be divided upon the third Monday of April thereafter by lot, into three classes as nearly equal as possible; the directors of the first class ghall serve for the term of one Terms. year, the directors of the second class for two years, and the directors of the third class for three years. All elections of subscquere directors thereafter shall be held on the second Monday of April, and all directors shall serve until their successors are elected and qualified. The office of local director in each Local director. subdistrict shall terminate after the first election and qualitication of directors under this act.
Sec. 3917. The director of each subdistrict, where an Notice of elec election may occur, shall post written or printed notices in three or more conspicuous places in his subdistrict, at least six days prior to the day of election, designating the day and hour of opening, and the hour of closing the election; the election shall be beld at the usual place of holding school where held. meetings in the subdistrict; the meeting shall be organized Judges; oath by appointing a chairman and a secretary, who shall act as judges of the election under oath or affirmation, which oath or affirmation may be administered by the director of the subdistrict, or any other perxon competent to administer euch an oath or affirmation, and the secretary shall keep a poll-book Poll-book and
tally-sheet. and tally-sheet, which shall be signed by the judges, and delivered within five days to the clerk of the township. [77 v. 63.]
Sec. 3920. The board of education shall hold regular Regular ressessions on the third Monday of April, June, August, October, rious ot board. December and February, at the usual places of holding towuship elections, or at such place in the immediate vicinity thereof as may be convenient, for the transaction of business,