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Sec. 2. That section 5175 of the revised statutes of Ohio, and section 51899, of an act passed March 29, 1881 (O. L., V. 78, p. 97), be and the same are hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its passage.

L. A. BRUNNER,
Speaker pro tem. of the House of Representatives.

JOHN G. WARWICK,

President of the Senate. Passed March 13, 1884.

[Senate Bill No. 67.]

AN ACT
To amend an act entitled "an act to amend sections 2197, 2198, and

2203, of the revised statutes of Ohio,” passed April 7, 1882. (O. L.
v. 79, p. 76).

(CLEVELAND.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That the act entitled “an act to amend sections twenty-one hundred and ninety-seven, twenty-one hundred and ninety-eight, and twenty-two hundred and three of the revised statutes of Ohio," passed April 7, 1882, be amended

80 as to read as follows: Certain Section 2197. In cities of the second grade of the first cities to be

class, the board of improvements shall divide such portion divided into districts for

of the city having paved roadways into not less than three street clean- districts, for the purpose of contracting for sweeping and ing purposes. cleaning the paved streets, avenues, alleys, market places,

and cross-walks within such districts.

Section 2198. The board in such city shall advertise for Board to

ten days, in not less than three newspapers of general circuadvertise for lation therein, for sealed proposals for cleaning, in such proposals to keep streets,

manner as the board may specify, all paved avenues,'etreets, etc., in re alleys, market places and cross-walks within each of such pair. districts, at a stated sum per annum, for a term of not less

than one year, nor more than three years. The board shall also advertise for proposals for cleaning all the catch basins in the city at a stated sum per year; provided, that, in all cases, separate proposals may be received, and contracts made for any particular branch or division of the work herein provided for, at the option of the board of improvements; and provided further, that the person or party to whom any contract under this act shall be awarded, shall, before entering upon the performance of his contract, and

within ten days after the same is awarded to him, execute aContractor bond to the city, in the sum of five thousand dollars, with o give bond. sureties to be approved by the mayor and board of improve

ments, conditioned for the faithful and prompt performance

of his duties and obligations under said contract, which
bond shall be filed with the city clerk.
Section 2203. At the end of every two weeks, if the con-

Payments, tracts have been faithfully performed, the board shall give, how made. upon demand by the contractor, a certificate to the city auditor, for the one twenty-sixth part of the annual contract price; but the board may retain therefrom, as an additional guarantee for the faithful performance of the contract, such proportion thereof as it may deem just and equitable, which amount shall be stated in the contract; and upon presentation of such certificate to the city auditor, that officer shall draw his warrant upon the city treasurer for the amount stated in the certificate, which shall be paid by the city treasurer from the proper fund.

Sec. 2. That said act, entitled “an act to amend sections 2197, 2198 and 2203 of the revised statutes," passed April 7, 1882, is hereby repealed.

Sec. 3. That this act shall take effect and be in force from and after its passage.

A. D. MARSH,
Speaker of the House of Representatives.

ELMER WHITE,

President pro tem, of the Senate. Passed March 13, 1884.

[Senate Bill No. 70.]

AN ACT
Supplementary to and explanatory of section 4836 of the revised

statutes of Ohio.
SECTION 1. Be it enacted by the General Assembly of the State
of Ohio, That the following sections be enacted as supple-
mentary to section forty-eight hundred and thirty-six of the
revised statutes, with sectional numbering as follows:

Section 4836a. That in counties containing a city of the third grade of the first class, when a petition, as provided Commisin section forty-eight hundred and thirty-one of the revised sioners of statutes, shall be presented to the county commissioners, certain asking that a macadamized, stone or gravel road be con

counties structed on the roadway of any state, county, township or roads imfree turnpike road, or any part thereof, then existing and in proved. use, if in the opinion of the commissioners public utility requires it, shall enter on their records an order that the improvement be made, which order shall state the kind of improvement, the width and extent of the same, which shall include the necessary grading of such road and all necessary drains, ditches and culverts to the proper completion and maintenance of such road, and at the same time shall order that a portion of the cost and expense thereot,

may order

Assess which shall not be less than one-third nor more than onements; how half of the total cost and expense thereof, shall be assessed made.

and paid on the grand duplicate of the county, which order shall state the lands which shall be assessed according to the benefits to be derived therefrom, for the balance of the cost and the expense of the improvement, not so to be

assessed and paid on the grand duplicate of the county. When cer

Section 48366. Whenever not less than one-third of the tain sections cost and expense of such improvement is hy the commisshall have no sioners ordered assessed and paid on the grand duplicate of force.

the county as provided in this act, sections forty-eight hundred and thirty-seven, forty-eight hundred and thirty-nine, forty-eight hundred and forty, and all the prohibitions of section forty-eight hundred and thirty-six of the revised statutes, against the commissioners making an order for the improvement, until a majority of the resident Jandholders of the county whose lands are reported as benefited, and ought to be assessed, subscribe the petition therefor, etc., shall have no force or effect in such county; and except as otherwise provided in this act the provisions of chapter eight, title seven of the revised statutes of Ohio, shall be and remain in force and effect in such county; and for the purpose of providing for the construction of such macadamized, stone or gravel roads, and that provision be made for

the assessment and payment of not less than one-third the Cost and

cost and expense thereof on the grand duplicate of the expense of, county, the commissioners of such county are hereby how paid. authorized to levy upon the grand duplicate of the county

not exceeding seven-tenths of one mill in any one year upon each dollar of the valuation of the taxable property in such county.

And the commissioners shall annually cause the necessary repairs to be made on such roads already constructed, or hereafter to be constructed, for their proper maintenance, and for such purpose may and are hereby authorized to levy a tax upon the grand duplicate of the county not exceeding one-tenth of one mill in any one year upor each

dollar of the valuation of taxable property in such county, Annual

and said respective levies shall be in addition to all other repairs; for

levies authorized by law, and the proceeds of the levies which additional levies hereby authorized to be made shall be by the commissioners authorized. applied and used in the construction or repair of such

macadamized, -tone or gravel roads, as the case may be, and for no other purpose; that the provisions of "an act to authorize certain cities to build bridges and to issue bonds therefor," passed March 24, 1883, requiring all levies upon the property within any city of the third grade of the first class, made by the county commissioners for road purposes, to be paid into the treasury of such city, shall in no wise conflict with the provisions of this act, and the levies specifically authorized herein, the proceeeds of which are to be applied and used in the construction or repair of such roads.

Sec. 2. For the purpose of more fully carrying out the provisions of this act, the county commissioners are not required, in the execution of the same, to be governed by section 4842 of the revised statutes of Ohio.

Sec. 3. This act shall take effect and be in force from and after its passage.

A. D. MARSH,
Speaker of the House of Representatives.

ELMER WHITE,

President pro tem. of the Senate. Passed March 13, 1884.

[Senate Bill No. 66.

AN ACT

Empowering cities of the second grade of the first class, and cities
• having by the last federal census a population of fifteen thousand

four hundred and thirty-five, to establish a hospital fund and a board
of huspital commissioners.
SECTION 1. Be it enacted by the General Assembly of the State

Certain of Ohio, That cities of the second grade of the first class, cities auhaving a population by the last federal census of fifteen thorized to thousand 'four hundred and thirty-five, are hereby au- establish thorized to establish a fund, to be known as the hospital hospital

fund. fund.

SEC. 2. Said fund, or expenditures therefrom, shall not exceed the sum of twenty thousand dollars per annum, and in no event shall a charge be made against such fund other Fund; how than the necessary expense of the government of the com- expended. mission and for the actual care of indigent sick, and injured persons, at a rate not to exceed one dollar per day for each patient, and the expense of conveying the same to such hospitals as the city may arrange with. Sec. 3. Such cities may for this purpose transfer annually

Annual an amount not exceeding eighteen thousand dollars, from any moneys arising from the tax authorized by an act additional entitled "an act further providing against the evils result- levy authoring from the traffic in intoxicating liquors,” passed April ized. 17, 1883; or such cities may, for said purpose, make an annual levy additional to that already authorized in such cities, of sufficient amount to produce the sum named in the foregoing section; provided, that in cities having a population by the last federal census of fifteen thousand four hundred and thirty-five, the sum authorized to be transfered by this act shall not exceed five thousand dollars.

Sec. 4. Any such city availing itself of the powers herein Commission granted, shall create a commission for the management of !) manage said fund in the following manner: Three resident citizens iund.

shall be appointed by the mayor, and confirmed by the city council, to serve without compensation for terms of one, two and three years, respectively, and one annually thereafter to serve for three years. Said board shall adopt such rules for its government and the management of said fund as the city council shall approve.

ŠEC. 5. Said board shall have power to appoint the city City clerk

clerk as clerk of said commission, to serve without extra to act as

compensation; and it is hereby made the duty of said city clerk of clerk to perform such clerical duties as the commiesion shall commission. by rules determine.

SEC. 6. No bills shall be paid from the said hospital fund

until the same shall have been passed upon and approved Claims, how by said commission, when the same shall be paid by the paid. auditor's voucher on the city treasurer, in the same manner

as provided for other claims against the city.

Sec. 7. This act shall be in force from and after its passage.

A. D. MARSH,
Speaker of the House of Representatives.

JOHN G. WARWICK,

President of the Senate. Passed March 15, 1884.

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To amend sections 4461, 4472 and 4473 of the revised statutes of Obio,

as amended April 20, 1881, vol. 78, pages 205 and 206 of the 0. L.

SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That original sections 4461 and 4472, and 4473 of the revised statutes of Ohio, as amended April 20, 1881, vol. 78, pages 205 and 206 of the Ohio laws, be amended to read

as follows: County

Section 4461. The commissioners shall, upon actual view ditches; of the premises, fix and allow such compensation for lands commission- appropriated as they may deem just and equitable, and ers to fix

assess such damages as will in their judgment accrue from com pensa the construction of improvement, to each person or corporation and damages.

tion making application therefor as provided in the preceding section, and without such application, to each idiot, insane person, or minor owning lands taken or affected' by the improvement.

But such compensation shall be computed without deducCompensa tion for benefits to any property of such person or corporation, how

tion; and they may on the day set for hearing at the time to be coniputed.

of the view of the premises provided for in this section, take into consideration the applications for the change or altera

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