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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 company is kept. If the person so refusing to convert his stock refuses to Proceedings submit the question to arbitration, the probate judge, upon Wolder refuses the application of either of the companies desiring to consoli- to arbitrato. 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 it 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 filenced censeesection hereby supplemented sball apply only to stockholders solidation of of companies created and organized under the laws of this foreign corstate, and not to stockholders of any corporation organized poratiou. 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 or'states.

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 amended April 4, 1890, is hereby repealed; and this act shall take effect and be in force from and after its passage.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,
Speaker of the House of Representatives.

ELBERT L. LAMPSON.

President pro ten. of the Senato.
Passed March 15, 1892.

79G

heretofore commenced ;

[House Bill No. 31.]

AN ACT

Additional

use or occupancy of strets

To amend section 2500a of the Revised Statutes, as passed April 5, 1889.Railways in SECTION 1. Be it enacted by the General 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. 2500a. In addition to the powers specifically granted powers of cer. in said section 2500, and in sections 2492 to 2499 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

or occupancy of any street or other public highway, with or biebways by any locomotive, car, cars or train, by any railroad company, railroad panits. 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 obstrucied, 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 reau drustelumen 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 ex: ceed fifty dollars for each offense, or by imprisonment not to exceed thirty days, or both fine and imprisonment for each and every repeated violation thereof after the first

offense, It is provided further, that nothing herein shall departure of be so construed as to aflect or in terfere with the arrival regular trains.

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 2500a of the Revised Statutes, as passed April 5, 1889, be and the same is hereby repealed.

Bars

gates

Penalties.

Arrival and

SECTION 3. This act shall take effect and be in force from and a!ter its passage.

LEWIS C. LAYLIN.
Speaker of the House of Representatives.
ANDREW L. HARRIS,

President of the Senate.
Passed March 15, 1892.

SOG

[IIouse Bill No. 45 )

AN ACT

property.

To amend sections 2304 and 2329 of the Revised Statutes.

SECTION 1. Be it enacted by the General Assembly of the State Assessmente: 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 de lage to make a public improvement, the council shall declare claring necesby rt solution 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- ers of abutting sons in whose names it may be assessed for taxation

upon

the tax duplicate, who may be residents of the county, which notice sball 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 ror more than four consecutive weeks resolution. in some newspaper published and of general circulation in the corporation; provided, that in case of sewers, the twenty Sewers. days' written notice to the owners of abutting property, or to the persons in whose names the abutting property is assessed, sball not be required; and, provided, that when there is no Written newspaper published in such city or village, written notices sball be posted in twelve public places in the city or village; and all plans and profiles relating to the improvement shall Plans and probe 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 appoint a person to serve the notice Service, return provided for by this section, who shall make a return of the and filing of time and manner of such service, and verify the same by 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 esolu- ers of abutting tion that certain specified sidewalks shall be constructed or constructor rerepaired, the mayor or board of public works, where

pair sidewalks..

notices.

files.

notice; value as evidence,

notice.

Service upon

Force and ef

fects in sidewalks.

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 indorsed thereon and signed by the officer serving the same, to the clerk of the corporation who shall

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 thereof 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, Notice to re- that when it shall come to the knowledge of the city commispair certain dangerous de. sioner or such other oflicer as the council may by resolution

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 his expense, 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 at own er's expense.

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 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 passage.

LEWIS C. LAYLIN,
Speaker of the flouse of Representatives.
ANDREW L. HARRIS,

President of the Senate.
Passed March 15, 1892.

residents and persons not found.

(Hlouse Cill No 189.]

AN ACT

board of edu. cation.

election,

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. Piecie! April 8, 1891), 3929, 3941a, 3961, 3978, 3981 (am. Feb. 26, 1891), 3987, 3989, 4014, 4017 (am. April 28, 1890), 4018 (am. March 6, 1890), 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 Clerk. 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 ; firse. Monday of April, 1893, in each subdistrict, by the qualified 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 shall 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 Subsequent directors thereafter shall be held on the second Monday of electiuus. April, and all directors shall serve until their successors are elected and qualified. The oftice of local director in each Local director. subdistrict shall terminato after the first election and qualification of directors under this act.

Sec. 3917. The director of each subdistrict, where an 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 held 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 person competent to administer euch an oath or aflirmation, and the secretary shall keep a poll-book Poll-book and and tally-sheet, which shall be signed by the judges, and tally-sheet. delivered within five days to the clerk of the township. [77 v. 63.]

Sec. 3920. The board of education shall hold regular Regulur sessessions on the third Monday of April, June, August, October, sious oi board. December and February, at the usual places of holding towoship elections, or at such place in the immediate vicinity thereof as may be convenient, for the transaction of business,

Notice of elec. tion.

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