Imágenes de páginas

for any sum not exceeding in the aggregate seventeen thousand nine hundred and seventeen dollars and forty-eight cents above the amount of bonds for like purposes heretofore already issued by such city.

Sec. 2. Such bonds shall run for such length of time not Rate of exceeding thirty years, and shall bear such rate of interest interest, etc. not exceeding six per centum per annum, and such interest shall be payable annually or semi-annually, as such council may determine. Such bonds shall be designated, issued and sold in all respects in manner as is or may be provided by law for the designation, ispuing and sale of bonds of such municipal corporation, and the proceeds of all sales thereof shall be applied exclusively to the purposes for which they are issued.

Sec. 3. For the purpose of paying the principal and Additional interest of any bonds which may be issued under the tax for payauthority of this act as they mature respectively, the city ment of. council of such city is hereby authorized and empowered to levy and collect annually such rate and amount of taxes on each dollar of valuation of taxable property in the corporation on the tax duplicate, not to exceed one-tenth of one mill, as the council may determine, additional in rate and amount to the aggregate rate and the aggregate amount of all taxes now or hereafter to be authorized by law to be levied or ordered by such municipal corporation, so that the maximum rate and amount of such taxes to be levied under the authority of this act for such bonds so hereafter to be issued for such sewer purposes, together with the rate and amount now by other acts authorized to be levied for such bonds already heretofore issued, or hereafter to be issued for such purposes, shall be one mill over and above and additional to the aggregate rate and aggregate amount of all taxes now or hereafter to be authorized by law to be levied or ordered by such municipal corporation.

Sec. 4. This act shall take effect and be in force from and after its passage.

Speaker of the House of Representatives.


President of the Senate. Passed April 12, 1884.

[Senate Bill No. 251.]


To amend section 5084 and section 907, as amended April 2, 1880 (77

O. L., 113), and to supplement sections 5339, 528, 907, 4935 and 7092 of the revised statutes of Ohio.

SECTION 1. Be it enucted by the General Assembly of the State of Ohio, That sections 5084, 5339, 528, 907, 4935 and 7092 of

How sup

the revised statutes of Ohio be amended and supplemented so as to read as follows:

Section 5034. Whenever a pleading, process, return, reLost records.

port, verdict, bill of exceptions, order, entry, or other act, file, or proceeding in any action or proceeding pending in any court of this state shall have been lost or destroyed, or is withheld by any person, such court may, upon the application of any party to such action or proceeding, order a copy or substantial copy thereof to be substituted.

Section 5339a. 'Whenever the record required by law of plied or the proceedings, judgment or decree in any action or other replaced.

proceeding of any court in this state, in which a final judgment has been rendered or any part thereof is lost or destroyed by fire, riot, or civil commotion, such court may upon the application of any party interested therein, grant an order authorizing such record or part thereof to be sup-. plied or replaced :

1st. By a certified copy of such original record, or part thereof when the same can be obtained.

2d. By a duly certified copy of the record in the Supreme Court of such original record of any action or proceeding that may have been removed to the Supreme Court and remain recorded in said Supreme Court.

3d. By the original pleadings, entries, papers, and files in such action or proceeding when the same can be obtained.

4th. By an agreement in writing signed by all the parties to such action or proceeding, their representatives or attorneys, that a substituted copy of such original record is sub

stantially correct. To restore Section 53396. Whenever the record required by law or lost or de any part thereof of the proceedings or judgment or decree in stroyed

any action or other proceeding of any court in this state in record of final judg

which the final judgment has been rendered, is lost or ment.

destroyed by fire, riot, or civil commotion, and such loss cannot be supplied or replaced as provided in section 5339a, any person or party interested therein may niake a written application to the court to which said record belongs, setting forth the substance of the record so lost or destroyed, which application shall be verified in the manner provided for the verification of pleadings in a civil action, and thereupon summons shall issue and actual service or service by publication shall be made upon all persons interested in or affected by said original judgment o: final entry in the manner provided by law for the commencement of civil actions, provided the parties may waive the issuing or service of gummons and enter their appearance to such application; and upon the hearing of such application without further pleadings, if the court finds that such record has been lost or destroyed and that it is enabled by the evidence produced to find the substance or effect thereof material to the preservation of the rights of the parties thereto, it shall make an order allowing a record, which record shall recite the substance and effect of said lost or destroyed record or part thereof, and the same shall thereupon be recorded in said court, and shall

have the same effect as the original record would have if the same had not been lost or destroyed, so far as it concerns the rights of the parties so making the application, or persons or parties so served with summons or entering their appearance, or persons claiming under them by a title acquired subsequently to the filing of the application.

Section 5339c. Upon the hearing of the application pro. What advided in section 53396, the court may admit in evidence any mitted as complete or partial abstract of such record, docket entries, or evidence to

effect such indexes, and any other written evidence of the contents or effect of such records and published reports concerning auch

restoration. actions or proceedings, when the court is of opinion that such abstracts, writings and publications were fairly and honestly made before the loss of such records occurred.

Section 5339d. Whenever a lost or destroyed judgment or Proceedings order is one to which either party has a right to a proceed- in error or ing in error or appeal, the time intervening between the appeal. filing of the application mentioned in section 5339), and the final order of the court thereon shall be excluded in computing the time within which a petition in error may be filed or appeal taken as provided by law.

Section 5339e. The costs to be taxed, upon an application Costs, how to restore a lost or destroyed record, shall be the same as are paid. provided for like services in civil actions. Where the record is lost or destroyed by fire, riot, or civil commotion, the costs of replacing and restoring the same as provided in sections 53390 and 5339), shall be paid out of the county treasury by order of the court

Section 528a. Whenever the records, dockets, journals Records of and files, or any part thereof, of any probate court have been probate lost or destroyed by fire, riot, or civil commotion, the pro- court, how bate court may, of its own motion, or upon the application

restored. of any party interested therein, order the restoration of the record of every lost or destroyed will, and probate thereof, from the original or a certified copy of such will and probate, and all lost or destroyed administration dockets, guardian dockets, trustee dockets, journals of said court, records of bonds, and dockets of assignments and trustees under the insolvent laws of the state; and said probate court may, upon the application of any party interested, and upon notice to part es interested therein, order the restoration of any other record of any proceeding or document required by law to be recorded or filed (except a will and probate thereof), and for such purpose when a complete copy of such record cannot be obtained, the substance and effect of such lost record material to the preservation of the rights of the parties affected thereby may be ordered to be substituted for such lost or destroyed record. And for the purpose herein provided the probate court may issue a citation to any party to appear before the court, and to produce any document or paper in his possession and give evidence relating to said lost record. Section 5286. To enable the court to make such restora

Judge to tion of such lost record, the judge of the probate court may make rules

make such rules and regulations governing the proceedas to testi

ings for taking testimony and ascertaining the facts with mony, and appoint com- reference to the restoration of such lost or destroyed records missioner. as he may deem necessary for that purpose, and if such

records are lost by fire, riot or civil commotion, may appoint a commissioner to take testimony and report the same and his findings thereon, in matters of restoration of such lost records, before whom all such evidence shall be taken, unless upon the application of the parties a reference shall be ordered to a special master commissioner, in which case the costs of reference shall be paid by the parties. And such commissioner appointed by the court shall be paid a salary of twenty-five hundred dollars per annum and hold his office

for one year from the date of his appointment. Costs; how Section 528c. The costs of restoring the records of the paid. probate court, except as herein otherwise provided, shall be

paid out of the county treasury, upon the order of the

probate judge. Records Section 907. Whenever any of the records of any county affecting real are destroyed in whole or in part, any map, plat, deed, conestate, how

veyance, mortgage, power of attorney, or other instrument restored.

in writing, or record in any proceeding authorized by law to be recorded, which affects real estate in the county, or the continuing rights of parties to such record, and of which the originals or exemplifications of the same have been recorded, such originals or exemplifications, or certified copies of the former record, may be recorded in the proper office therefor; and in re-recording the same, the oflicer shall record the certificate of the preyious record with date of filing for record appearing on the original or certified certificate so recorded, which shall be taken and held as the date of the recording of the instrument to which it is attached; and copies of records herein authorized to be made, duly certified, shall have the same force and effect as evidence, as certified copies of the original record; and when any of the instruments or records aforesaid shall be presented to the county recorder or other officer, the proper custodian of such records, he shall forth with record and index the same in accordance with the law for the original recording; and some competent person shall compare such record with the instrument so rec rded, and if the same has been correctly recorded, he shall certify on the margin of the page upon

which such record has been made the correctness of the Fees for, and how paid.

same; and such recording officer shall receive compensation for recording any 1...? or plat aforesaid, not exceeding six lines, fifty cents, ani or each additional line two cents; and for any recording and indexing aforesaid, other than said map or plat, at the rate of not more than five cents for every hundred words, said compensation to be paid out of the county treasury upon the allowance of the county commissioners; provided, that no bill for services under this section shall be allowed by the county commissioners until they are first duly satisfied that such services have been rendered and the

charges therefor are not in excess of the rates herein pro-
Section 907a. That in all cases where real estate has been

Sales by sold by a sheriff, executor, administrator, guardian, assignee, order of receiver, trustee, master commissioner, special master com courts, remissioner, or other person appointed or authorized by the cords of, how court, and the record of the action in which such sale has been restored. made, is lost or destroyed by fire, riot, or civil commotion, the deed of such property made by said sheriff, executor, administrator, guardian, assignee, receiver, trustee, master commissioner, special master, or other person appointed or authorized by the court, shall be prima facie evidence of the legality and regularity of such sale, and of the correctness of the proceedings in the action or proceeding wherein said property has been sold; but the deeds made by the auditor of any county of lands sold at delinquent or forfeited tax Auditor's sales shall not be prima facie evidence of title in the purchase deeds not of such lands, and no presumption shall be indulged in favor prima facie of such tax deeds or sales when the records of the sale and evidence of the proceedings upon which the sale was based have been ownership. lost or destroyed by fire, riot, or civil commotion.

Section 9076. That whenever the record and entry of any Liens, mortjudgment or the record of any mechanic's lien, mortgage, or gages, etc., other incumbrance or lien upon property is lost, or destroyed how reby fire, riot or civil commotion, and the original documents stored. or instruments or certified copies thereof cannot be found, the judgment creditor or his assignee and the person holding or entitled to the said mechanic's lien, mortgage, or other incumbrance, or lien on property, may as to such judgments begin a proceeding in the court wherein the same was rendered, and as to mortgages, mechanic's liens, or other incumbrances or liens, begin a proceeding in any court having jurisdiction over such property to have established the fact of the existence prior to such destruction of the record of such judgment, mortgage, mechanic's lien, or other incumbrance on lien and the substance and effect thereof; such proceeding to be instituted and continued in accordance with the provisions of section 53396, and the decree rendered Decrees of in any such case shall be recorded in the records of the same court to be office in which the original judgment, mortgage, mechanic's recorded. lien or other incumbrance or lien was recorded or entered; provided, however, that no judgment, mortgage, mechanic's fien, or other incumbrance upon property, the record whereof has been lost or destroyed as aforesaid, shall continue to be a lien upon such property, or to affect the title thereto as against any purchaser for value or subsequent lienholder, unless the action or proceeding to establish the existence of such record prior to the destruction thereof as aforesaid shall be begun within six months from the passage of this act, nor shall any judgment, the record whereof has been destroyed as aforesaid, be held binding and in force against the judgment debtor or be executed unless the action or proceeding to establish the existence of such judgment prior to the

« AnteriorContinuar »