passed February 10th, 1870, be amended so as to read as follows: Organization of board. Viva voce Section 3. Aldermen and councilmen elected for such city, within ten days after their election, upon separate days, shall assemble and organize their respective boards, as now provided for councils of cities of the first class, by the act to which this is supplementary; and a majority of either shall be a quorum to do business. Each board shall elect, by rira voce, a president and vice president from its own body, vote. who shall preside at its meetings; in the absence of the president of either board, the vice president shall preside; and in the absence of the president and vice president, a president pro tempore shall be elected viva voce. All officers required to be elected by either of said boards, either in separate or joint sessions, shall be elected by a viva voce vote. Each board shall determine the rules of its own proceedings, and be the judge of the election returns and qualifications of its own members, and shall keep a journal of its own proceedings. SEC. 2. That section three of the above recited act be and the same is hereby repealed. SEC. 3. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Passed January 29, 1873. President of the Senate. AN ACT To amend section sixty-two of an act entitled "An act to establish a code of criminal procedure for the state of Ohio," passed May 6, 1869. (O. L., vol. 66, page 297.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section sixty-two of the above recited act be amended so as to read as follows: Section 62. When any person under recognizance under the provisions of this act, either to appear and answer or testify in any court or keep the peace, shall fail to perform the condition of such recognizance, his default shall be recorded, and the recognizance forfeited in open court. SEC. 2. That section sixty-two of the original act be and the same is hereby repealed, and this act shall be in force from its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Forfeiture of recogni zance. Passed January 29, 1873. 2-LAWS. President of the Senate. Ref Majority of all the members a quorum. Ordinances, &c., to be presented to mayor. Procedure when returned by mayor. A two-thirds vote requisite to make it a law. When to take effect with out approval of mayor. Repeal. AN ACT Supplementary to "An act to provide for the organization and government of municipal corporations," passed May 7, 1869. (O. L. volume 67, page 7.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That in all cities of the first class having a board of aldermen, the votes of a majority of all the members elected to each board of common council shall be necessary to pass any ordinance, resolution or order in which an expenditure of money is involved, and every ordinance, resolution or order for the expenditure of money, or any contract for the payment of money, or for granting any franchise, or creating any right, or for the purchase, lease, sale or transfer of any property, which shall have passed both boards of the common council in separate session, (except such as levying special taxes for the improvement of streets) before it shall take effect shall be presented, duly certified by the clerk, to the mayor of said city for his approval. If he approves, he shall sign it; if not, he shall return it with his objections to the board in which it originated within ten days thereafter, or, if said board be not in session, at its next meeting after that period. The board shall enter the objections at large on their journal: Provided, however, that the mayor may approve the whole or any item or part of any document presented to him for his signature. SEC. 2. The board shall, after the expiration of not less than ten days, proceed to reconsider the same, after first notifying the other board, or the president thereof, of the action of the mayor; and if such ordinance, resolution or order is approved by the votes of two-thirds of all the members elected to each board, in separate session, it shall then take effect the same as if it had received the signature of the mayor of the city. In all such cases the vote of each board shall be determined by yeas and nays, and the names of the persons voting for and against its passage shall be entered on the journal of the board. SEC. 3. If the mayor shall not return any ordinance, resolution or order presented to him for his signature within the time above limited for that purpose, it shall take effect in the same manner as if he had signed it. SEC. 4. All laws inconsistent herewith are hereby declared to be inoperative in cities affected by this act. SEC. 5. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, assed January 31, 1873. President of the Senate. AN ACT To amend section (15) fifteen of an act entitled "An act to prescribe the duties of the Attorney General," passed May 1st, 1852. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section (15) fifteen of the above recited act be so amended as to read as follows: Section 15. That he shall, when required, give legal advice to the governor, the secretary of state, the auditor of state, the treasurer of state, the board of public works, the commissioners of the sinking fund, the warden and directors of the penitentiary, the superintendent and directors of the benevolent institutions of the state, the commissioner of railroads and telegraphs, the superintendent of insurance and the comptroller of the treasury, in all matters relating to their official business. SEC. 2. This act shall take effect and be in force from and after its passage, and said original section is hereby repealed. N. H. VAN VORHES, Speaker of the House of Representatives. Passed January 31, 1873. JACOB MUELLER, AN ACT To repeal section two hundred and six of an act entitled "An act to provide for the organization and government of municipal corporations," passed May 7, 1869. (Vol. 66, O. L., p. 181.) SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section two hundred and six of the above Repeal. entitled act be and the same is hereby repealed. SEC. 2. This act shall take effect and be in force from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Passed January 31, 1873. President of the Senate. AN ACT To authorize the consolidation of joint stock fire and marine insurance companies. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That whenever any joint stock fire and marine Mode of con solidation prescribed. Rate of valuation of insurance company of this state heretofore organized, or that may hereafter be organized, shall determine by a vote of twothirds of its stock, to consolidate and make joint stock with any other like company or companies, engaged in or incorporated for like business, and each of such companies agreeing by the vote aforesaid to such consolidation, shall, by a vote of a majority of the stock so consolidated, choose and determine under which corporate organization, or articles of association of either of the consolidating companies, and under what name their future business shall be conducted, and upon filing with the superintendent of insurance of this state, a certificate of such consolidation, said company shall from thenceforth become, and be consolidated under the corporate organization or articles of association and corporate name thus chosen; and thereupon all franchises, rights, equities, property and estate of whatever name or nature belonging to or vested in either of the consolidating companies, shall immediately upon and by the act of such consolidation become the property and estate of and be vested in such consolidated company, and the corporate existence of the consolidating companies, from thenceforth shall cease and be merged in said consolidation; and such consolidated company shall have the exclusive right and power to demand, sue for, collect, convey and dispose of the rights, equities, property and estate aforesaid, or any part thereof, under its own name chosen as aforesaid, and all debts, liabilities and obligations of the consolidating companies shall be assumed and paid by the company thus consolidated. SEC. 2. Upon the consolidation of any two or more companies as aforesaid, the just and true value of each outstandcapitalstock. ing share of the capital stock of each of the consolidating companies, shall, by their respective directors, be ascertained through a suitable valuation of all the assets and liabilities thereof, at the time of the consolidation, and new shares of the consolidated company shall be apportioned to each stockholder, equal to the sum ascertained as aforesaid to be the just and true value of his shares in each or either of the consolidating companies, and the shares thus apportioned shall be substituted for his original shares, and all certificates of shares in said consolidating companies shall be surrendered upon the issuing of new certificates of the shares apportioned as aforesaid: Provided, that any stockholders in either of the companies so consolidating, who shall refuse to agree to such consolidation, shall be entitled to receive for the stock by him owned, the just market value of the same at the time of such consolidation, to be paid to him previous to such consolidation. Proviso. Election of directors of SEC. 3. Immediately upon the consolidation of such companies, the directors of the several companies thus consoliconsolidated dating, shall proceed to elect from their members, the directors for the consolidated company, who shall serve until their successors are elected and qualified. company. Amount of SEC. 4. The capital stock of such consolidated company capital stock. may be equal to, but shall not, by virtue of such consolida tion, exceed the aggregate authorized capital of the consoli dating companies. SEC. 5. Within thirty days after such consolidation, a Certificate of certificate of the fact thereof, and setting forth the name and consolidaorganization adopted thereby, shall be filed in the office of tion. the secretary of state. SEC. 6. This act shall take effect and be in force from and To amend section six hundred and sixty-three of an act to provide for the organization and government of municipal corporations, passed May 7th, 1869, as amended. April 18, 1870. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That section six hundred and sixty-three of the above recited act be amended so as to read as follows: Section 663. Loans may also be made by any municipal corporation in anticipation of the revenues to be derived from any tax authorized by this act for public improvements or other public use, and the council shall have power to issue the bonds of the corporation for the money so borrowed, in such amounts as they may determine, bearing a rate of interest not exceeding eight per cent. per annum, and payable at such time as they may deem proper, not exceeding fifteen years: Provided, said bonds shall not in any case be sold for less than their par value; and further provided, that cities of the first class, which advanced to that grade between decennial periods, may issue bonds for a period not exceeding twenty-five years. SEC. 2. Original section six hundred and sixty-three of the above recited act is hereby repealed. SEC. 3. This act shall take effect from and after its passage. N. H. VAN VORHES, Speaker of the House of Representatives. JACOB MUELLER, Passed February 1, 1872. President of the Senate. |